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Miss the Notice, Extend the Lease: Court Enforces Automatic Renewal Terms

In Innovation Pharmaceuticals Inc. v. Cummings Properties, the question before the Appeals Court was whether the plaintiff, Innovation Pharmaceuticals Inc. (“IPI”), provided sufficient notice to its landlord, defendant...more

Normal Wear Isn't Damage: Limits Placed on Security Deposit Reductions

In Peebles v. JRK Property Holdings, Inc., the Supreme Judicial Court (“SJC”) interpreted the Massachusetts security deposit statute, G.L. c. 186, §15B. Its ruling arose from two questions certified to the SJC by the United...more

Public by History: SJC Holds Formal Records Aren't Always Required

In Town of Concord v. Rasmussen, the Town of Concord (the “Town”) initiated an action against several landowners abutting a road known as Estabrook Road, seeking a declaration that the public had access and use rights to the...more

Speculation Won't Suffice: SJC Draws a Firm Line on Zoning Standing

In Stone v. Zoning Board of Appeals of Northborough (“Stone”), plaintiffs residing across the street from a proposed 20,000 square foot warehouse appealed a decision by the Northborough Zoning Board of Appeals (the “Board”)...more

Zoning Permits May Last Longer Than Expected Under Extension Acts

Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield, 105 Mass. App. Ct. 518 (2025) - Palmer involved a dispute concerning the so-called “Permit Extension Act,” passed by the Massachusetts Legislature (the...more

Federal Court Pauses for State Decisions in Property Disputes

29 Greenwood, LLC v. City of Newton, 128 F.4th 1 (1st Cir. 2025) In 29 Greenwood, the Newton Historical Commission (the “Commission”) issued a permit to 29 Greenwood, LLC (“Greenwood”) for restoration of the Gershom Hyde...more

New Guidance on Land Dedication and Article 97

Nahant Preservation Trust, Inc. v. Northeastern University, 104 Mass.App.Ct. 698 (2024) - Nahant Preservation Trust, Inc. v. Northeastern University involved a dispute over whether a private landowner (“Northeastern”) had...more

AG's Power Holds, but Agency Shortcuts Don't

In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Equal Protection Not on the Menu This Time

In North End Chamber of Commerce (“NECC”) v. City of Boston, the NECC and several restaurants in the North End neighborhood of Boston (“Plaintiffs”) filed suit against the City of Boston (“City”), alleging that the City...more

Executor Nominated by Decedent Deemed Unfit to Serve

When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more

Land Court’s Invalidation of Deed as the Result of Undue Influence Affirmed

What constitutes undue influence sufficient to invalidate a deed? In Erikson v. Erikson, 105 Mass. App. Ct. 1115 (February 24, 2025), the Appeals Court of Massachusetts affirmed the Land Court’s invalidation of a deed on the...more

Corporate Transparency Act 2.0 – Narrowing Reporting Requirements

On March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that significantly changes the reporting requirements under the Corporate Transparency Act (“CTA”).  This alert summarizes...more

Corporate Transparency Act Back in Effect and Extended Deadline

On February 18, 2025, the U.S. District Court for the Eastern District of Texas lifted the nationwide injunction it had previously issued against the enforcement of the Corporate Transparency Act (CTA). As a result, the CTA...more

Appeals Court Shines Light on Solar Panel Protections

Kearsarge Walpole LLC v. Zoning Board of Appeals of Walpole involved a dispute over where a large-scale solar array could be placed in Walpole, Massachusetts. In Kearsarge, a solar developer (Kearsarge), along with Norfolk...more

Corporate Transparency Act Update: Injunction Reinstated

On December 26, 2024, the merits panel of the United States Court of Appeals for the Fifth Circuit issued an order effectively reinstating the District Court's nationwide injunction of the Corporate Transparency Act....more

CTA Update: Injunction Lifted and Filing Deadlines Extended

On December 23, 2024, the United States Court of Appeals for the Fifth Circuit lifted the injunction issued earlier this month that had paused enforcement of the Corporate Transparency Act (“CTA”). In response, the U.S....more

Corporate Transparency Act— Nationwide Injunction Update and Key Considerations

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction halting enforcement of the Corporate Transparency Act (“CTA”). In response, the U.S. Department of the Treasury’s...more

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars...more

The CTA Filing Deadline is Approaching. Is Your BOIR Filed Yet?

The clock is ticking—just 49 days remain until the one-year filing deadline for the Corporate Transparency Act (CTA)! Entities established before January 1, 2024, must submit a beneficial owner information report (BOIR) by...more

Reminder To Draft Purchase And Sale Agreements With Care

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

Lions and Turtles and Bearded Dragons, Oh My!

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

Approval May Not Be Required, But Sufficient Plans Are

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

Part II: Landlord Unable to Evict Despite Tenant Defaults

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

Surrogate’s Court Orders DNA Testing to Verify Claim to Be Decedent’s Biological Child

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

SJC Finds Words of Survivorship Sufficient to Avoid Anti-Lapse Statute

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

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