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SENATE DOCKET, NO. 1964 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1142
The Commonwealth of Massachusetts
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PRESENTED BY:
Edward J. Kennedy
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act restoring a lower threshold for permit challenges.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Edward J. KennedyFirst Middlesex 1 of 1
SENATE DOCKET, NO. 1964 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1142
By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1142) of Edward J. Kennedy for
legislation to restore a lower threshold for permit challenges in court decisions. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act restoring a lower threshold for permit challenges.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 40A of the General Laws, as amended by Chapter 150 of the Acts of 2024, is
2hereby further amended in Section 17 by striking out the third paragraph and inserting in place
3thereof the following paragraph:-
4 The court, in its discretion, may require a plaintiff in an action under this section
5appealing a decision to approve a special permit, variance or site plan to post a surety or cash
6bond in an amount of not more than $50,000 to secure the payment of costs if the court finds that
7the harm to the defendant or to the public interest resulting from delays caused by the appeal
8outweighs the financial burden of the surety or cash bond on the plaintiffs. The court shall
9consider the relative merits of the appeal and the relative financial means of the plaintiff and the
10defendant.