Kathleen Heyer Co-authors Amicus Brief Supporting Appellant in Sunpin Energy v. ZBA of Petersham

Pierce Atwood land use and litigation partner Kathleen Heyer co-authored an amicus brief on behalf of the Real Estate Bar Association for Massachusetts (REBA) and the Abstract Club in support of the petitioner/appellant in Sunpin Energy Services v. Zoning Board of Appeals of Petersham, currently pending before the Massachusetts Supreme Judicial Court. This matter presents a significant question regarding the scope of municipal authority to regulate uses—in this case, solar energy facilities—that are exempt from local zoning requirements.

The outcome of this case is expected to have broad implications across Massachusetts, where some municipalities have imposed significant obstacles to the development of commercial solar projects despite applicable zoning exemptions. A clear ruling from the court could provide important guidance on the extent to which such exemptions limit local regulatory authority, an area where prior decisions have left some ambiguity.