Latest Publications

Share:

Reminder To Draft Purchase And Sale Agreements With Care

Somerville Off. Assocs. Ltd. P'ship v. Cresset Dev., LLC, 104 Mass. App. Ct. 1108 (2024). In Somerville Office Associates Limited Partnership v. Cresset Development, LLC, plaintiff Somerville Office Associates (“SOA”)...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

Surrogate’s Court Orders DNA Testing to Verify Claim to Be Decedent’s Biological Child

Can a person claiming to be the decedent’s biological child out of wedlock obtain a court order directing DNA testing of the decedent’s acknowledged children, in order to verify her claim?  In Matter of Estate of McGuire, 203...more

SJC Finds Words of Survivorship Sufficient to Avoid Anti-Lapse Statute

Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme...more

Developers Beware: Difficult Multi-Step Process for Obtaining and Cashing In On Appeal Bonds

Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how...more

Difficult Multi-Step Process for Obtaining and Cashing In On Appeal Bonds

Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how does...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

Following Formalities of Will Execution And Availability of Attorney Testimony Defeats Undue Influence Claims

While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more

Probate & Fiduciary Litigation Newsletter - November 2023

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Law of the Land - Real Estate Litigation Newsletter - October 2023, Volume II, Issue IV

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

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 - April 2023, Volume II, Issue II

FEATURED ARTICLE - Efforts clauses are common in commercial agreements, including those involving real estate. Where one or both parties cannot guarantee a particular outcome, efforts clauses attempt to qualify obligations....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 - November 2022, Volume I, Issue XV

CASES OF NOTE - LANDLORD UNABLE TO EVICT DESPITE TENANT DEFAULTS - Varano v. PDJM Land Trust LLC, et al. No. 1884CV02662, (Mass. Super. Ct. June 16, 2022) The Massachusetts Superior Court held that a commercial landlord...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

Law of the Land - Real Estate Litigation Newsletter - March 2022, Volume I, Issue XII

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

Law of the Land - Real Estate Litigation Newsletter - December 2021, Volume I, Issue XI

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

Law of the Land - Real Estate Litigation Newsletter - November 2021, Volume I, Issue X

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

Law of the Land - Real Estate Litigation Newsletter - September 2021, Volume I, Issue IX

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

Law of the Land - Real Estate Litigation Newsletter - July 2021, Volume I, Issue VIII

CASES OF NOTE - WHEN IT COMES TO SHORT-TERM RENTALS, PROPERTY OWNERS BEWARE - Styller v. Zoning Bd. of Appeals of Lynnfield, 487 Mass. 588 (2021) In Styller v. Zoning Board of Appeals of Lynnfield, the...more

Law of the Land - Real Estate Litigation Newsletter - June 2021, Volume 1, Issue VII

CASE HIGHLIGHT - PLAINTIFFS MAKE WAVES FOR HARBOR PLAN - Foundation, et al. v. Theoharides, et al., 1884 CV02144-BLS1 (April 1, 2021) - In a recent decision, the Massachusetts Superior Court granted partial summary...more

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide