Housing Advisory: Affordable Housing Litigation: Life after the Supreme Judicial Court

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Over several months in 2007-2008, the Supreme Judicial Court (SJC) issued nine decisions under Chapter 40B, the Commonwealth’s affordable housing law — more cases than it had decided in the prior decade. While it is common to think of the state’s highest court as the last stop for litigation, some of the housing developments at issue in those SJC cases continued to be litigated in the lower courts, either on remand from the SJC or by neighbors bringing more lawsuits after losing in the first round of litigation. We thought it might be fun (for our readers, if not for the developers) to report on the later progress of those cases, and the amusing claims that surfaced there.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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