Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the...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
The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more
2/11/2020
/ Cause of Action Accrual ,
Condominium Associations ,
Condominiums ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Land Developers ,
Land Owners ,
MA Supreme Judicial Court ,
Negligent Construction ,
Property Improvements ,
Question of Law ,
State Law Tort Claims ,
Statute of Repose ,
Substantial Completion