EVALUATING EFFECTIVE NOTICE IN EXERCISE OF OPTIONS -
Sourcing Unlimited, Inc. v. Cummings Properties, LLC, 102 Mass. App. Ct. 653 (2023) -
In Sourcing Unlimited, Inc., plaintiff-tenant Sourcing Unlimited, d/b/a...more
CASES OF NOTE -
SIMILAR PROJECTS, DIFFERENT DECISIONS -
Brossi, et al. v. Town of Grafton Planning Board, et al., No. 19 MISC 000551 (MDV), 2021 WL 5833935 (Mass. Land Ct. Dec. 9, 2021) -
The Massachusetts Land...more
3/3/2022
/ Article III ,
Building Permits ,
City Planning Departments ,
Constitutional Challenges ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
Land Courts ,
Real Estate Development ,
Real Estate Market ,
Regulatory Takings ,
Rent ,
Security Deposits ,
Site Plans ,
Standing ,
Statutory Violations ,
Subdivision ,
Unconstitutional Condition
CASES OF NOTE -
LIMITATIONS FACING PLAINTIFFS UNDER CHAPTER 40A -
Doyle v. Zoning Board of Appeals of City of Attleboro, No. 20 MISC 000386 (DRR), 2021 WL 5037871 (Mass. Land Ct. Oct. 29, 2021)...more
12/15/2021
/ Building Permits ,
Construction Project ,
Estoppel ,
Eviction ,
Leases ,
Moratorium ,
Real Estate Development ,
Real Estate Market ,
Rental Property ,
Variances ,
Zoning Board of Appeals ,
Zoning Maps
CASES OF NOTE -
CONVEYANCE OF PROPERTY RESULT OF MUTUAL MISTAKE -
Thomas v. Medeiros, 100 Mass. App. Ct. 1106 (2021) -
The Massachusetts Appeals Court recently affirmed a determination by the Land Court that a...more
11/2/2021
/ Adverse Possession ,
Anti-SLAPP ,
Bylaws ,
Deeds ,
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Local Ordinance ,
Marijuana ,
Mutual Mistake ,
Property Ownership ,
Real Estate Development ,
Real Estate Market ,
Real Estate Transfers ,
Retail Market ,
Urban Planning & Development ,
Zoning Maps
CASES OF NOTE -
UPHILL BATTLE FOR RETAIL CANNABIS APPLICANTS -
Mederi, Inc. v. City of Salem, 488 Mass. 60 (2021) Summary: In Mederi, Inc. v. City of Salem, the Massachusetts Supreme Judicial Court grappled with...more
9/22/2021
/ Anti-SLAPP ,
Breach of Contract ,
Cannabis-Related Businesses (CRBs) ,
Commercial Leases ,
Condominiums ,
Coronavirus/COVID-19 ,
Dispensaries ,
Easements ,
Impossibility ,
Infectious Diseases ,
Mandamus Petitions ,
Marijuana Related Businesses ,
Property Improvements ,
Purchase and Sale Agreements ,
Real Estate Market ,
Retailers
Trends in Real Estate Litigation -
Commercial Landlords and Tenants Take Their COVID-Related Lease Disputes to Court -
The slow-burning standoffs between commercial landlords and tenants in the COVID-19 pandemic are...more
7/13/2020
/ Commercial Leases ,
Contract Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Eviction ,
Landlords ,
Real Estate Market ,
Real Estate Transactions ,
Rent ,
Rental Property ,
Tenants
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
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
10/21/2019
/ Appeals ,
Beneficiary Designations ,
Chapter 7 ,
Goodwill-Industries ,
Involuntary Bankruptcy ,
Leases ,
Personal Property ,
Property Owners ,
Real Estate Market ,
Right of First Refusal ,
Trust Assets
In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the...more
11/9/2017
/ Amicus Briefs ,
Appeals ,
Bylaws ,
Condominium Act ,
Condominiums ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Housing Developers ,
Pending Litigation ,
Real Estate Development ,
Real Estate Market ,
Trustees
In a recent decision, the Land Court clarified that Massachusetts state law does not require local zoning boards to make detailed factual findings when approving an extension or alteration to a pre-existing nonconforming...more
The new Land Court Rule 14 went into effect on January 1, 2017. The Rule was proposed by the Justices of the Land Court in connection with their collaborative work with the Supreme Judicial Court’s Alternative Litigation...more