EL&C, Employment, Business, Appellate Advocacy, Health Care & Human Services, Land Use, Beach Rights, Consumer Rights, Municipal Law
Englander, Leggett, & Chicoine, P.C.
44 School Street, Suite 800
Boston, Massachusetts 02108
Telephone 617.723.7440
Facsimile 617.723.8849

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EL&C News

Current News  l Spring 2016 l Spring 2013 l Winter 2012/13 l  Fall 2012  l  Summer 2012

Current News

The Legacy of a Unique Legal Theory
Englander & Chicoine P.C. represented aquaculture farmers who had been sued for trespass almost twenty years ago.  Englander & Chicoine’s research uncovered that the Plaintiff did not own the tidal flats.  The shell fishermen bought the land and established over 24 commercial shellfish farms.  The story continues… now the town of Wellfleet may purchase over 200 acres currently not in aquaculture. Read the article.

Spring 2016

First-Time Home Buying De-Mystified
Buying your first home or wondering if you can? Many people shy away from purchasing property due to unfounded beliefs about the process and the necessary qualifications to purchase. In fact, there are a number of options available to first-time home buyers that can make the financial burden manageable.

Join us at 6 p.m. on April 27 at Lincoln Tavern & Restaurant to have all your questions on home buying answered!

Real estate brokers, lenders and real estate attorneys will de-mystify all your questions spanning from the initial search, to mortgage qualification, to tips on the legalese and ways to avoid legal problems down the road.

Complimentary refreshments and light appetizers provided.

Please RSVP to rsvp.ecattorneys@gmail.com by Tuesday, April 26.

Presented by:
Englander & Chicoine P.C.
Venture Real Estate Group
Residential Mortgage Services.
See Flyer Announcement

Spring 2013

ELC Partner Receives Super Lawyer Designation for 2013
ELC Partner Denise A. Chicoine has been named a 2013 Super Lawyer. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations.

The Super Lawyers supplement will be published in the November 2013 issue of Boston Magazine and is widely distributed in regional publications and across the country.

Hull Redevelopment Authority Case
EL&C received a favorable Superior Court verdict on behalf of our client, Hull Redevelopment Authority in a dispute with a developer. Read more.

Supreme Court Rules in Favor of EL&C Client
The Supreme Judicial Court issued an important urban renewal decision on March 15, 2013, ruling in favor of our client, the Boston Redevelopment Authority.  The SJC held that Long Wharf in Boston may be developed in accordance with the BRA’s urban renewal plan, and is not a park subject to a two-thirds legislative vote under Article 97 for changes to lands taken for conservation purposes.  The SJC also ruled that the issuance of a Chapter 91 license does not trigger a legislative vote under Article 97.
Read the Decision 

Winter 2012/13

BRA CASE Recognized by Lawyer's Weekly
Lawyer’s Weekly
named Pollard, et al v. Boston Redevelopment Authority (BRA) “one of the most important opinions of 2012”. EL&C partner Denise Chicoine argued on behalf of the BRA in the case, which is one of only a handful of cases evaluating the BRA’s actions in approving a Chapter 121A project.  The Appeals court upheld the Superior Court dismissal of a neighbor’s legal challenge to a mixed use complex providing medical treatment facilities and low income housing for homeless people in Jamaica Plain. Read the decision

EL&C Speaking Engagements
ELC partners Ed Englander and Denise Chicoine will be joined by associate Shannon Slaughter in a presentation on the Law of the Sea Shore at a March 15, 2013 seminar in Quincy sponsored by the Harbormaster Training Council. The seminar will cover the Colonial Ordinance of 1641, beach and shorefront access, shellfish regulations and aquaculture, dredging and improvements to navigation and effects on land ownership, and hunting of waterfowl.

Debra Leggett is speaking to the New England Independent Booksellers Association on March 12, 2013 about issues to consider when buying and selling book shops.

EL&C partners Denise Chicoine and Ed Englander will be joined by associate Shannon Slaughter in a panel discussion about legal perspectives on land surveying issues. The January 25th seminar is sponsored by the Massachusetts Association of Land Surveyors and Civil Engineers and is open to the public. The seminar will take place at 7:30 a.m. at the Conference Center at Waltham Woods. More Information

Article 97 and Chapter 91 Issues
EL&C partner Denise Chicoine represented the Boston Redevelopment Authority (BRA) in Sanjoy Mahajan v. MA DEP and the BRA before the Supreme Judicial Court. She shares her expertise in urban renewal, Article 97 and Chapter 91 issues in a presentation for the Boston Bar Association on Friday, January 18.  See announcement

EL&C partner Denise Chicoine argued before the Supreme Judicial Court on behalf of the BRA in a case involving urban renewal and Article 97 at Long Wharf.
Watch oral argument and get details

Boston Bar Association (BBA) Presentation
EL&C partner Ed Englander shared his expertise on property and development rights in coastal areas at a BBA CLE. The seminar, held December 11, 2012, was entitled "Coastal Issues & Implications for Lawyers: Scientific, Regulatory and Legal Developments in Climate Change and Renewable Energy."

EL&C Named to “Best Law Firms” Rankings for Health Care Law
EL&C is proud to have been recognized for its health care law expertise in the 2013 “Best Law Firms” rankings, released by U.S. News Media Group and Best Lawyers®. EL&C was selected for the Boston metropolitan area rankings. For many years, David Rosenberg, Of Counsel at EL&C, has been selected as a  “Best Lawyer” for health care law. A complete list of law firm rankings is posted online at http://bestlawfirms.usnews.com.

Fall 2012

EL&C Releases White Paper on Exit Strategies for Small Business
EL&C partner Debra Leggett has written a  white paper to help small business owners develop exit strategies when they are ready to leave their businesses. Entitled “Exit Strategies for Small Business”, the 12-page white paper provides information on a variety of methods to transfer business ownership. Read the white paper

Health Care and Housing for the Homeless
The Massachusetts Court of Appeals recently ruled in favor of the Boston Redevelopment Authority's (BRA) approval of a mixed use complex to provide medical facilities and affordable housing for homeless individuals. EL&C Partner Denise Chicoine represented the BRA in this challenge by neighbors to a M.G.L. Chapter 121A project.  The Appeals Court found that substantial evidence in the administrative record supported the BRA's conclusions that the project area is "substandard," the zoning deviations were necessary and proper, and the project does not conflict with the master plan for the City of Boston.
Click here to read the Appeals Court ruling in Pollard et al. v. BRA

Ed Englander Quoted in Beach Rights Article
Ed Englander was quoted as a beach rights expert in a front page story in the Boston Globe about a land dispute in Falmouth, MA.
Read the article 

Fenway Center Air Rights Development
The Massachusetts Court of Appeals has approved a $450 million mixed-use transit-oriented development at Fenway Center, in part citing an amicus brief EL&C submitted on behalf of the Boston Redevelopment Authority (BRA). The court of Appeals upheld the BRA's conclusion that the proposed project satisfies the relevant criteria in Article 80 of the Boston Zoning Code. The ruling affirms the Land Court's dismissal of the abutter's complaint, clearing the way for approximately 500 residences, offices, and neighborhood-oriented retail space directly adjacent to a new Yawkey Commuter Rail Station, one block from the MBTA's Kenmore Square and Fenway Green Line Stations.
Read the Decision

New State Legislation Protects Temporary Workers by Imposing Stringent Requirements on Staffing Agencies

The legislature recently enacted new protections for certain temporary and part-time employees hired through staffing agencies for work site employers. Staffing agencies now must provide written confirmation of the compensation, the description and required hours of the position, the identity of the worksite employer, and the worker compensation carrier. The statute also details the fees the staffing agency may charge the employee for transportation and other services. Violations of the statute may result in criminal and civil penalties.
Click here to read the text of the new M.G.L. Chapter 149 § 159C.

Ed Englander Appointed to MA Board of Registration of Professional Engineers and Land Surveyors
Massachusetts Governor Deval Patrick has appointed EL&C Partner Edward Englander to the ten-member Board of Registration of Professional Engineers and Land Surveyors, which operates under the Division of Professional Licensure in Massachusetts. The board establishes, monitors, and enforces qualifying standards for the engineering and land surveying professions. 
Click here to read the full announcement

Summer 2012

Beach Rights Upheld
The Massachusetts Court of Appeals has ruled in favor of a group of our clients regarding beach rights in West Yarmouth, Massachusetts. The appellate ruling in Leahy v. Graveline upholds the victory our firm secured for our clients in the Land Court. Leahy v. Graveline affirms the existence of an implied easement benefitting all backlot owners to use the beach in a seashore subdivision known as Hyannis Park. The Appeals Court relied in large part on advertisements from the 1890s as evidence of the developer’s intent that the backlot owners would have use of the beach. The Appeals Court also validated the testimony our clients presented at trial, that the backlot owners have continuously used the beach and that the waterfront owner did not consistently or effectively expel beach users.
Read the Decision
Read more about Massachusetts beach rights.

Bringing Bike Share to Boston
The City of Boston’s New Balance Hubway bike share system launched in July 2011 and is having a  second successful season. Debra Leggett at EL&C is pleased to have assisted the City of Boston in its efforts to establish its bike share program and continues to work with the City on this project. We look forward to Hubway’s expansion into neighboring municipalities in the coming months and congratulate the City on providing an environmentally, fun way navigate the beautiful streets of Boston! To learn more about the system,visit thehubway.com.

Boosting Funding for Legal Assistance Projects
As co-chair of the Access to Justice Commission of the Massachusetts Bar Association, David Rosenberg, Of-Counsel at EL&C, took a leadership role generating additional funding for legal assistance projects for low-income individuals and families. The Supreme Judicial Court recently adopted a rule proposed by the Commission that establishes a pro hac vice fee for lawyers from other jurisdictions who seek permission to appear in a Massachusetts court. The fee will be given to the Interest on Lawyer Trust Accounts (IOLTA) Committee for distribution to legal assistance projects. The new rule takes effect Sept. 4, 2012. Read more.