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Appeals Court Shines Light on Solar Panel Protections

Kearsarge Walpole LLC v. Zoning Board of Appeals of Walpole involved a dispute over where a large-scale solar array could be placed in Walpole, Massachusetts. In Kearsarge, a solar developer (Kearsarge), along with Norfolk...more

Lions and Turtles and Bearded Dragons, Oh My!

Fleming v. Zoning Bd. of Appeals of Oxford, 103 Mass. App. Ct. 1128 (2024) In Fleming, the Massachusetts Appeals Court grappled with some scaley zoning issues arising out of personal ownership of 460 reptiles. In this...more

Approval May Not Be Required, But Sufficient Plans Are

Meadow Wood LLC v. City of Brockton, 230 N.E.3d 1065 (Mass. App. Ct. 2024) - The Massachusetts Appeals Court recently interpreted G. L. c. 41, § 81P, which governs “approval not required” endorsements....more

Part II: Landlord Unable to Evict Despite Tenant Defaults

Varano v. PDJM Land Tr., LLC, 103 Mass. App. Ct. 1127 (2024) - We last wrote about Varano v. PDJM in our November 2022 issue of Law of the Land. In the first iteration of Varano, the Superior Court held that a commercial...more

Those Appealing Zoning Board Decisions Must Comply With 20-Day Period

Griffin v. Melrose MA Plan. Bd., No. 23 MISC 000277 (KTS), 2024 WL 146450 (Mass. Land Ct. Jan. 12, 2024) - In Griffin v. Melrose MA Plan. Bd., pro se plaintiff David Griffin (“Griffin”) appealed a decision of the Melrose...more

Law of the Land - Real Estate Litigation Newsletter - June 2023, Volume II, Issue III

NONCONFORMING USE CLAIMS "ROCKED OUT" BY APPEALS COURT - Butler v. Zoning Bd. of Appeals of Mattapoisett, 22-P-463 (Mass. App. Ct. Apr. 19, 2023) - In Butler, Maureen and George Butler (the “Butlers”) asked the...more

Law of the Land - Real Estate Litigation Newsletter - February 2023,Volume II, Issue I

CASES OF NOTE - CHANGING LANDSCAPE FOR ACCELERATED RENT CLAUSES IN COMMERCIAL LEASES Cummings Properties, LLC v. Hines, 21-P-1153 (Mass. App. Ct. Sept. 9, 2022) The Massachusetts Appeals Court recently considered...more

Law of the Land - Real Estate Litigation Newsletter - August 2022, Volume I, Issue XIV

CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)....more

Law of the Land - Real Estate Litigation Newsletter - May 2022, Volume I, Issue XIII

CASES OF NOTE - FINALIZE BUILDING PLANS EARLY ON TO AVOID DELAYS - St. Paul's Foundation v. Ives, 29F.4th 32, 33 (1st Cir. 2022) - A recent decision out of the First Circuit Court of Appeals emphasizes the...more

Litigation Summary: Adverse Possession Claims

In two recent cases, the same 3-judge panel of the Massachusetts Appeals Court provided the latest words on the law of adverse possession. The first case, Miller, et al. v. Abramson, et al., involved the classic adverse...more

Litigation Summary: Goodwell v . Kavanagh

The Massachusetts Appeals Court recently issued a decision likely to pique the interest of property owners holding real property in nominee trusts. In Goodwill Enterprises, Inc. v. Kavanagh, the Court addressed whether the...more

Stay of Sogou Class Action Litigation in California

On October 7, 2019, Goulston & Storrs obtained a stay of a putative class action filed in California state court against clients Sogou Inc. (Sogou) and Sohu.com (Sohu).  Sogou’s Sogou Search is the second largest search...more

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