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
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
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
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 -
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 -
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 -
WHEN IT COMES TO SHORT-TERM RENTALS, PROPERTY OWNERS BEWARE -
Styller v. Zoning Bd. of Appeals of Lynnfield, 487 Mass. 588 (2021) In Styller v. Zoning Board of Appeals of Lynnfield, the...more
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
The COVID-19 pandemic has forced big-name brands to pursue unique strategies to secure fiscal relief. Even prior to the pandemic’s outbreak, certain retailers experienced financial difficulties and filed for Chapter 11...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