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Real Estate Development in the Time of Coronavirus: Massachusetts-(UPDATED)

On July 2, 2020, Massachusetts Governor Charlie Baker issued a new state permitting order that rescinds and replaces his March 26, 2020 order. The new order sets specific dates for agencies to take action and for appeals of...more

Real Estate Development in the Time of Coronavirus: Massachusetts (UPDATED)

STATE PERMITS AND APPROVALS - On March 26, 2020, Massachusetts Governor Charlie Baker issued COVID-19 Executive Order No. 17, which applies to state permits and approvals. ...more

Real Estate Development in the Time of Coronavirus: Massachusetts

The abrupt halt to day-to-day operations over the last two weeks is forcing a series of unwelcome decisions on Massachusetts real estate developers. While many activities are sharply curtailed, including construction in...more

In Rare Move, SJC Enters Immediate Order Reversing Decision That Broadened Density-Based Standing in Zoning Appeals

In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order...more

Mass. High Court Says Not All Divisions of Land Require Planning Board Approval, Dismisses Prospect of “Wild Deeds”

In its recent decision in RCA Development, Inc. v. Zoning Board of Appeals of Brockton (pdf), Massachusetts’ Supreme Judicial Court (SJC) considered whether a division of land into two lots accomplished solely by deeds...more

Late-Filed Appeal To Zoning Board Is A Nullity, Not A Springboard To Constructive Approval

The Massachusetts Appeals Court’s recent decision in McIntyre v. Zoning Board of Appeals of Braintree demonstrates the importance of subject matter jurisdiction in the context of administrative proceedings. ...more

Trustee Of Realty Trust Saved From Application Of Merger Doctrine (At Least For Now)

The merger doctrine is alive and well in Massachusetts zoning law. In its recent decision in Kneer v. Zoning Board of Appeals of Norfolk, the Appeals Court examined whether the doctrine applies to property owned by a realty...more

Mass. Appeals Court Ventures Onto High Wire Of Zoning Standing Doctrine, Answers Vexing Question

It’s about time! Not since the notable 1961 adverse possession case Kershaw v. Zecchini have real estate litigators had an important decision inspired by circus performers....more

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