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Massachusetts Gov & Administrative Law Questions & Answers
Q: Can a Special Town Meeting compel a BOS to allow voters to approve or deny a Housing Production Plan under 40B?

Purusant to MGL Ch 40B, the Selectmen and Town Administrator created an ad hoc subcommittee to create a Housing Production Plan. While the subcommittee held public input sessions with the help of MAPC, much of that public input has been ignored. While trying to rush votes before the Planning Board... View More

2 Answers | Asked in Business Law and Gov & Administrative Law for Massachusetts on
Q: If I have over a million dollars in dram insurance (Massachusetts) for my LLC, how likely is someone to come after me

I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The person who posted this question is quite wise. To think ahead; to plan for the possible. Kudos.

As to the amount of liability insurance, there are several things to consider. First, what are your personal assets? You should have enough insurance that your assets are protected....
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Q: During a non investigatory inventory search, post arrest, officers seized the keys to my vehicle without consent.

There was no exigent circumstances or probable cause and this "inventory search" turned investigatory when they decided to use the keys that bore no relationship to which the crime I was being arrested for to unlock a locked glove box, violating policy, because the keys were not available... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it appears that you have raised valid concerns about the legality of the search and seizure conducted by law enforcement officers. The key issue is whether the inventory search conducted post-arrest exceeded its lawful scope and became investigatory in nature.

Inventory...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Massachusetts on
Q: Do I need a gun license to purchase a blank gun in the state of Massachusetts?
James L. Arrasmith
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answered on Dec 23, 2023

In Massachusetts, the laws regarding the purchase and possession of blank guns (also known as starter pistols or prop guns) can be somewhat complex. Generally, blank guns are not considered firearms under state law because they cannot discharge a projectile. However, the appearance and... View More

1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts on
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

T. Augustus Claus
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answered on Sep 21, 2023

In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able... View More

1 Answer | Asked in Business Formation, Contracts and Gov & Administrative Law for Massachusetts on
Q: How many of the bar members on here are Freemasons? I know all judges are 33rd, is it a requirement inorder to license

Considering almost all police officers are masons, and all judges are absolutely masons, I'm curious if all the attorneys are also of the masonic fraternity? Ladies eastern star? Is it a requirement?

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

There is no requirement for attorneys or judges to be masons.

There is no data on how many lawyers or how many judges are masons.

No doubt some are. No doubt most are not.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Massachusetts on
Q: Does a ME60 36CFR 2.1 violation in Maine affect my record or do anything to my insurance. (Destruction/ deface of plant)

I have a new Hampshire license but the violation was issued in Maine. I live in New Hampshire.

T. Augustus Claus
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answered on Aug 8, 2023

Violations of these regulations can vary in terms of impact on your driving record and insurance rates, depending on the severity of the violation and the specific circumstances.

In general, violations related to destruction or defacement of plants in national parks or other protected areas...
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Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?

region is for Massachusetts

if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer..

Thomas Shack III
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answered on Aug 8, 2023

While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to... View More

Q: I have a suet on the Fbi and verified liable how soon can the paperwork begin ans an urgent suet ftca serious big suet

The suet is in the Fbi their is a cartel who is verified by the cia and the Dod both have been a top legal help and verified weapons and the perps breaking torture laws and using a nano they stabbed me with the Dod and cia verified and exotic weapons only few who can explain the weapons the Dod... View More

James L. Arrasmith
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answered on Mar 5, 2023

If you believe that you have been the victim of a crime or other misconduct involving the FBI, the CIA, and/or the Department of Defense, it is important that you seek the advice of a qualified attorney who specializes in federal litigation and civil rights law.

An attorney can advise you...
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Q: Who works on suits and paperwork against the Fbi ? I need a attorney urgently

I have a lawsuit on the Fbi I need to put in for . The Dod have navigated me through the local and state to make sure the perps where using their illegal way to abuse authority but the Fbi is found liable for damages the Dod said since they are letting terroism honon amd a active 6 person cartel... View More

James L. Arrasmith
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answered on Mar 3, 2023

You may want to consider contacting your local bar association or conducting an online search for attorneys who specialize in civil rights, government misconduct, or similar areas of law. Additionally, you can consider reaching out to legal aid organizations that may offer free or reduced-cost... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Massachusetts on
Q: Can your tourist visa be taken away if you stay 4 months in the United States?
Giselle M. Rodriguez
Giselle M. Rodriguez
answered on Feb 26, 2022

Good Afternoon:

This depends on your individual circumstances and on your immigration history.

In general, the period of authorized stay in the United States on a tourist visa is 6 months, but always verify the actual stamp on your passport because it is there where you will be...
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Q: What is CDC eviction meant for MA state ? Can someone explain to me ?
Christopher Tolley
Christopher Tolley
answered on Oct 5, 2020

The CDC moratorium forbids landlords from attempting to evict tenants for non-payment of rent if the tenants meet certain financial hardship guidelines:

- Make less than $99,000 (or $198,000 if they file a joint tax return)

- Be unable to make full rent “due to substantial loss of...
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2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Gov & Administrative Law for Massachusetts on
Q: in MA an offer was placed on my property on 8/9/19 we are now well passed the 45 days agreed upon for closing.

Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... View More

Christopher Tolley
Christopher Tolley
answered on Oct 15, 2019

I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the... View More

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1 Answer | Asked in Personal Injury and Gov & Administrative Law for Massachusetts on
Q: I was involved in a prolonged period of exposure of Cellulube 220 onboard the USS Independence (CV-62), circa 1984.

I have become debilitatingly ill, e.g. demyelinating brain lesion, Arachnoiditis, etc, but my healthcare team and the VA do not see a causative link to my documented exposure.

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2019

Thank you for your service. I'm sorry to learn about your illness stemming from exposure to Cellulube. You would get the most meaningful guidance from a law firm that handles veteran's benefits, and I don't think there is a tab for that in the Find a Lawyer section here. You could... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Government Contracts for Massachusetts on
Q: Who can contact me and help me with a complicated legal concern with a federal job?

I was hired after informing my job about my year long pending court trail and after working for 86 days they verbally put me on a unpaid suspension. When I asked for more information and asked for my suspension to be put in writing they stop responding to me, yet I am still working but not able to... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2019

An attorney can't contact you; that isn't the way it works. This is only a question and answer board. You could contact an attorney using the Find a Lawyer section, or you could conduct your own independent searches. You can add Employment Law to your categories, and hopefully your... View More

1 Answer | Asked in Gov & Administrative Law, Traffic Tickets and Criminal Law for Massachusetts on
Q: My license was resonantly suspended due to an EZ pass bill.

I had been unaware of the suspension till I was pulled over a few weeks ago. i was not arrested, the officer allowed me to call a friend to come get me. after so research i was able to find out why it was suspended and paid the bill. After doing so i was told that everything should be all set.... View More

Melvin Alanson Heard
Melvin Alanson Heard
answered on Nov 2, 2018

I am sorry that your received a summons to appear in court for the criminal charge of operating with a suspended license. Heard Law Office is happy to advise you free of charge. Contact us directly at 617-631-3237 or melvin@heardlawoffice.com.

In Massachusetts, under MGL c. 90 s. 23,...
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Q: Are you able to provide examples of cases related to faulty vehicle software? Ideally, open source software. Thank you!

Looking for examples of regulatory violations, recalls, class action, civil, or other cases related to software in vehicles. This could also include intellectual property cases associated with open source software. I'm keen to discover how much influence open source software has had, so far,... View More

Griffin Klema
Griffin Klema
answered on Sep 21, 2017

Google Scholar is a great resource for finding case law and scholarly articles that may give you the insight you are seeking. Otherwise find a local library (or law library) and seek assistance with at reference desk. A reference librarian can point you in the right direction to come up with... View More

1 Answer | Asked in Admiralty / Maritime, Consumer Law, Gov & Administrative Law and Tax Law for Massachusetts on
Q: How can a state demand boat taxes and fee's from a boat owner who is not a citizen or legal resident of the state?

Massachusetts demands a boat excise tax and several fee's for using their waterways. Regardless the boat owner is not a citizen or legal resident of the state. This also means one cannot vote in the state because the person is not a citizen or legal resident. Examples Here: Boat excise tax; a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

In the same way you have to pay a highway toll when you're driving on the state roads, you'd have to pay boat taxes and fees for using the state's waters, regardless of residency/ citizenship. The state government is, proverbially, king of its castle. This is the basis of sovereign... View More

Q: I called 911 for my husband who was having trouble breathing, passing out I called 911 and they transferred me 3 times

I explained to the operator that he had been diagnosed with/ viral cardiomyopathy 3 years prior and that I think he's having heart trouble again. They asked me if I needed the fire department or the squad? I told them that I needed the squad. The operator transfered me 3 times . My husband... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

I would certainly suggest you contact a member of the Mass Academy of Trial Lawyers in your area. If you need the names of some, let me know.

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for Massachusetts on
Q: Are members of the Governors Council allowed to continue to practice law in court while serving on the Gov Council?
Peter N. Munsing
Peter N. Munsing
answered on Sep 16, 2016

Yes. For that matter legislators, others may. Can they engage in private practice is the question--generally yes unless they are subject to civil service or other restrictions.

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