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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

James L. Arrasmith
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answered on Jul 21, 2024

Under Massachusetts General Laws Chapter 40B, the Housing Production Plan (HPP) must be approved by both the Planning Board and the Board of Selectmen (BOS). Although a Special Town Meeting (STM) can be called to address various issues, it does not have the authority to compel the BOS to submit the... 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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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

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

You could discuss this with your insurance broker. But anyone, whether your broker or the attorneys here, could only say that there is no control over what a plaintiff would go after. It could depend on the facts of the matter and the determination of the law firm. Many law firms could end their... View More

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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 and Constitutional Law for Massachusetts on
Q: Is Question 1 from the Massachusetts ballot being enforced and audited?

I'm concerned about whether the enforcement of Question 1 from the Massachusetts voters' ballot is being carried out. Could you clarify if there have been any legislative refusals or challenges related to auditing in this context?

James L. Arrasmith
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answered on Apr 7, 2025

In November 2024, Massachusetts voters approved Question 1, granting State Auditor Diana DiZoglio the authority to audit the Legislature.

However, legislative leaders have resisted this change, arguing that it violates the separation of powers outlined in the Massachusetts Constitution....
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1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Civil Litigation for Massachusetts on
Q: Seeking relief from firearm disabilities in MA with a felony conviction.

I am seeking relief from firearm disabilities through the state or courts in Massachusetts. I understand that the Firearm Licensing Review Board (FLRB) will not review applications for felony convictions. I have a felony conviction, and I am looking for guidance on what legal options may be... View More

James L. Arrasmith
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answered on Apr 7, 2025

In Massachusetts, a felony conviction does create significant challenges when seeking relief from firearm disabilities. As you mentioned, the Firearm Licensing Review Board (FLRB) will not review applications involving felony convictions. However, there may still be some potential legal avenues for... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Massachusetts on
Q: Seeking guidance on handling a false threat accusation from housing authority employee.

About two weeks ago, I received a letter from the housing authority inviting me to a meeting after an employee falsely accused me of threatening them. I am seeking guidance on how to address this accusation and request an apology. What steps should I take to resolve this issue effectively?

James L. Arrasmith
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answered on Apr 1, 2025

You find yourself in a precarious situation that requires careful navigation of the administrative procedures governing housing authorities. False accusations of threats can potentially jeopardize your housing status and must be addressed promptly with proper documentation and a strategic approach.... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Massachusetts on
Q: How long to wait to lift a restraining order in Massachusetts?

I would like to know how long a person must wait before they can have a restraining order, issued in Massachusetts for a year, lifted against them. There have been no changes in circumstances since the order was issued, and there have been no previous attempts to modify or lift it.

James L. Arrasmith
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answered on Mar 27, 2025

When you want to have a restraining order lifted in Massachusetts, there's no mandatory waiting period before you can request this change. You have two main options for addressing the restraining order situation.

If you're the defendant (the person against whom the order was...
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1 Answer | Asked in Civil Rights, Landlord - Tenant and Gov & Administrative Law for Massachusetts on
Q: Being stalked, housing transfer denied due to having a car. How to contest?

I'm currently being stalked and have notified my housing manager and local authorities about this dangerous situation. They have denied my request for a housing transfer, stating that being closer to my doctor is not necessary for me since I have a car. Despite my ongoing distress, they seem... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your safety is the top priority in this troubling situation. Being stalked is a serious concern, and your housing manager's response about having a car misses the point entirely – this isn't about convenience to your doctor, but about escaping a dangerous person who knows where you... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and White Collar Crime for Massachusetts on
Q: Can town officials misuse police resources and be charged under RICO?

I have been experiencing ongoing harassment from the Chair of the Board of Selectmen in my town who has been alleged to misuse police resources. He staged events to falsely accuse me of violating a harassment prevention order, leading to my arrest and incarceration. The situation has escalated to... View More

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answered on Mar 24, 2025

The RICO (Racketeer Influenced and Corrupt Organizations) statute might potentially apply to your situation, but it requires proving specific elements that can be challenging. For RICO charges to stick, prosecutors must demonstrate a pattern of racketeering activity (at least two predicate crimes... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Massachusetts on
Q: Is airport questioning and search of U.S. citizen on arrival legal under Fourth Amendment?

I am a U.S. citizen and hold a second citizenship from Russia. Upon landing at Boston Logan Airport on a flight from Moscow via Istanbul, my suitcase was searched by customs officers. They counted my money and questioned me for one hour without explanation, despite my 10-hour flight. I did not... View More

James L. Arrasmith
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answered on Mar 23, 2025

The treatment you experienced at Boston Logan Airport is likely legal under what courts call the "border search exception" to the Fourth Amendment. When you enter the United States, even as a citizen, customs officers have much broader authority to search luggage and question travelers... View More

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Social Security for Massachusetts on
Q: How to appeal Dua decision with notification discrepancies?

How do I appeal the Dua decision regarding my previous employee approval, considering there is a discrepancy in notifications? The employee claimed part-time status, but I always expressed to them that I was a relief worker, and the employment end date they have is incorrect. I have documents... View More

James L. Arrasmith
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answered on Feb 23, 2025

You have several important considerations to address with this DUA appeal situation, and time is of the essence given the February 28 deadline. Given your health challenges and indigent status, you have rights that need to be protected throughout this process.

First, requesting a waiver...
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Q: rules of engagement with reporting substandard living to local BOH . inspected and confirmed no enforced. Recourse ?

9 inspections

Compliance word orders issued and ignored and not enforced

Lied about suing my landlord

Then refused to inspect or follow up

Refused to provide me inspection reports

Told me sarcasticly “good luck in court “

I have 50 active... View More

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answered on Jan 5, 2025

I'm really sorry you're going through this challenging situation. It’s important to keep detailed records of all communications and violations you've documented. This evidence can be crucial when presenting your case.

Consider reaching out to a local tenant rights...
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1 Answer | Asked in Civil Litigation, Contracts and Gov & Administrative Law for Massachusetts on
Q: In Mass, if a governement lawyer works under contract for the state and works for a private firm what are the consiquenc
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2024

A Massachusetts attorney could advise best, but your question remains open for three weeks. It could depend on the guidelines spelled out in holding that office, whether conflicts of interest arise from being involved in both areas, and other factors. Good luck

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?

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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.

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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

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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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