The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) -
On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway...more
In cases allegedly involving an interest in real property, the Massachusetts lis pendens statute, G.L. c. 184, § 15, allows the defendant to file a special motion to dismiss frivolous claims. If the trial court allows the...more
5/18/2020
/ Affidavits ,
Appeals ,
Buyers ,
Frivolous Lawsuits ,
Land Owners ,
Land Titles ,
Lenders ,
Lis Pendens ,
Litigation Fees & Costs ,
MA Supreme Judicial Court ,
Motion to Dismiss ,
Recording Statutes ,
Responsive Pleadings
On March 6, 2020, just a day after hearing oral argument, the Supreme Judicial Court reaffirmed the longstanding principle that abutting landowners have standing to challenge the application of zoning bylaws only if they...more
3/10/2020
/ Adjacent Property Owners ,
Administrative Appeals ,
Appeals ,
Building Permits ,
City Planning Departments ,
Density Bylaws ,
Homeowners ,
Housing Developers ,
Injury-in-Fact ,
Land Courts ,
MA Supreme Judicial Court ,
Pleading Standards ,
Reversal ,
Standing ,
Zoning Laws
If you’re seeking a special permit for a project, be prepared to prove that your proposal complies with the town’s bylaws.
First things first. What is a special permit?
Generally, a special permit allows an applicant to...more
6/21/2019
/ Appeals ,
Burden of Proof ,
Bylaws ,
City Councils ,
Expert Testimony ,
Housing Developers ,
Land-Use Permits ,
Litigation Strategies ,
Real Estate Development ,
Special Use Permit ,
Urban Planning & Development ,
Variances ,
Zoning Board of Appeals ,
Zoning Laws
As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more
6/14/2019
/ Appeals ,
Common Areas ,
Condominium Associations ,
Condominiums ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Deed of Trust ,
Default ,
Easements ,
Foreclosure ,
Lenders ,
Mortgage Interest ,
Property Owners ,
Real Estate Development ,
Reservation of Rights ,
Right of Access