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
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
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
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
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
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
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
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
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
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
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
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
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
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
4/14/2023
/ Best Efforts Clauses ,
Bylaws ,
Commercial Real Estate Contracts ,
Commercially Reasonable Efforts ,
Constitutional Challenges ,
Construction Project ,
Contract Drafting ,
Contract Terms ,
Demolition ,
Real Estate Development ,
Reasonable Efforts Clauses ,
Urban Planning & Development ,
Zoning Board of Appeals
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
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
11/16/2022
/ Breach of Contract ,
Commercial Leases ,
Conservation ,
Eviction ,
Landlords ,
Lease Termination ,
Lis Pendens ,
Preemption ,
Real Estate Development ,
Real Estate Transactions ,
Rental Property ,
Statute of Frauds ,
Tenants
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
8/8/2022
/ Building Permits ,
Bylaws ,
Churches ,
Contract Terms ,
Cremation ,
Decedent Protection ,
Energy Projects ,
Real Estate Development ,
Real Estate Sales Contracts ,
Religious Institutions ,
Site Plans ,
Solar Energy ,
Zoning Board of Appeals
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
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 ,
Defamation ,
Dispensaries ,
Extortion ,
Land Courts ,
Litigation Privilege ,
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
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
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
6/8/2021
/ Commercial Leases ,
Easements ,
Educational Institutions ,
Environmental Policies ,
Holdover Provisions ,
Land Developers ,
Navigable Waters ,
Real Estate Development ,
Regulatory Standards ,
Ultra Vires ,
Urban Planning & Development
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
2/5/2021
/ Breach of Contract ,
Business Interruption ,
Commercial Leases ,
Commercial Tenants ,
Common Law Claims ,
Contract Terms ,
Coronavirus/COVID-19 ,
Eviction ,
Failure To Pay ,
Frustration of a Common Purpose ,
Government Lockdown ,
Impossibility ,
Infectious Diseases ,
Rent ,
Rental Property ,
Retailers ,
Victoria Secret