August 19, 2026
Partner Kevin Conroy was recently quoted in Massachusetts Lawyers Weekly regarding the Massachusetts Superior Court's decision in Ascend Mass, LLC et al. v. City of Newton, which ordered the return of approximately $2.4 million in community impact fees collected from cannabis dispensaries.
In the article, Conroy noted that the ruling provides the clearest guidance to date that municipalities must demonstrate a direct impact from a specific dispensary to justify retaining community impact fees. He explained that, following amendments to Chapter 94G in 2022, many municipalities ceased collecting such fees because of the heightened requirement to establish a direct connection between a cannabis operator's activities and municipal costs.
Addressing the significance of the decision for agreements executed before the 2022 amendments, Conroy said: “The open question was the issue of pre-2022 HCAs. But this decision is significant because it makes clear that those communities who charged fees prior to 2022 will need to return those funds to operators in those communities.”
