Just a note about context -- the AG reviews
*every* local bylaw that is passed -- which means they look at thousands annually from the over 300 towns in Massachusetts. The review is limited, as Massachusetts has a "home rule" Amendment to our Constitution, which establishes rights of local self-government.
From a handbook on the subject:
The responsibility of the Attorney General to approve or to disapprove town
by-laws is established by G.L. c. 40, § 32.2 The Massachusetts Supreme Judicial
Court has characterized the Attorney General’s statutory role as a “limited power of
disapproval.” Amherst v. Attorney General, 398 Mass. 793, 795 (1986). Approval
or disapproval of all or any portion of a by-law is based solely on issues of legality and
must be completed within ninety (90) days of our receipt of all necessary
documentation. The Attorney General has no authority to determine whether a by-law
is wise, sensible, or the best way to accomplish a particular objective. Concord v.
Attorney General, 336 Mass. 17, 24 (1957).
...
The Attorney General may disapprove a town by-law on substantive[*] grounds
only if it is “inconsistent with the constitution or laws” of Massachusetts. The “laws” of
Massachusetts include the statutes enacted by the Legislature and regulations
promulgated by state agencies acting pursuant to statutory authority, as well as court
decisions construing the statutes and regulations. A town by-law is presumed to be
valid unless it sharply conflicts with some constitutional, statutory or regulatory court
decision, or it hinders the achievement of a clearly identifiable goal of state law.
Amherst v. Attorney General, 398 Mass. 793, 795-797 (1986); Grace v. Brookline,
379 Mass. 43, 54 (1979).
[*] By-laws may also be disapproved on procedural grounds. There is nothing in any of the articles I've read on this one which indicates there were procedural irregularities.
We will likely be following this issue for several clients -- will let you know what the AG does -- it could be interesting!