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
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
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
Efforts clauses -
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...more
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
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
Trending Now -
On October 17, 2020, the Baker Administration’s moratorium on certain residential and small business eviction and foreclosures expired. However, also on October 17, Massachusetts adopted a new moratorium,...more
Cases of Note -
Marie Baptiste et al v. Commonwealth of Massachusetts, et al.
In July, two residential landlords, Marie Baptiste and Mitchell Matorin (“Plaintiffs”), filed suit against the Commonwealth of Massachusetts,...more
Trending Now:
Massachusetts SJC Ruling: Good News for Owners and Developers -
The Supreme Judicial Court of Massachusetts issued a written decision in Murchison v. Zoning Board of Appeals of Sherborn, et al. (SJC-12867) on...more
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