This is the third in a series of posts on challenges to zoning bylaws and ordinances, and the second addressing the question of where to bring a challenge to a zoning bylaw or ordinance. The prior post covered the Land Court. The Land Court, however, is not the only court of competent jurisdiction to hear these cases. As the Department of the Massachusetts Trial Court having general jurisdiction, the Superior Court has the authority to hear all manner of claims challenging zoning bylaws and ordinances. As discussed below, the United States District Court, depending on the type of challenge, has the subject matter jurisdiction to hear these types of cases as well.
Utility easements are something most business owners probably do not even think about until it affects their site planning and development. Suddenly, they find themselves wondering not only what a utility easement is, but also how to circumnavigate the restrictions that come with these easements.