March 2014
James G. Wagner was quoted in a recent Massachusetts Lawyers Weekly article discussing a recent Land Court decision.
James G. Wagner was quoted in a Massachusetts Lawyers Weekly article discussing a recent Land Court decision concerning the town of Swampscott and its attempt to rezone a single-family residential property it owned, in order to allow for the development of a multi-story, 41-unit housing complex. Wagner said that the 20-page decision authored by Judge Keith C. Long in
McLeod, et. al v.
The Town of Swampscott, signals the reversal of a trend by the Land Court to conduct a "light-touch review" of upzoning in small parcels. In his discussion of the ruling, Wagner stated, "Unlike many cases that simply look at a zoning enactment by its words and context on the ground, Judge Long dug into the details of the enactment process."