H 1670 Massachusetts House · 193rd Legislature (2023-2024)

An Act relative to streamline the judicial review of local land use decisions

This bill streamlines the legal process for challenging local land use decisions in Massachusetts by changing how lawsuits are filed and handled. It requires non-governmental challengers to send written notice to the original applicants and local officials within fourteen days of filing a complaint, eliminating the need for formal service of process to avoid delays. The legislation also mandates that courts review only the official record from the local board, prohibiting the introduction of new evidence, and limits the grounds for overturning a decision to whether it was arbitrary, capricious, or illegal. Additionally, the bill introduces a financial requirement where non-municipal plaintiffs must post a bond covering potential property carrying costs and legal fees, which can be forfeited if they do not substantially prevail in their appeal.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
Senate Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Jun 5, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Upper · Passed
Senate concurred
upper
Feb 16, 2023
Committee
Referred to the committee on The Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Joe McGonagle
Joe McGonagle
DDemocratic
MA
28th Middlesex