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
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
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
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
Since our last advisory on Name, Image, and Likeness (NIL) laws was published, there have been a number of newly passed and proposed state and federal laws we would like to highlight....more
4/6/2021
/ Agents ,
Compensation ,
Educational Institutions ,
Intellectual Property Protection ,
IP License ,
Legislative Agendas ,
Licensing Rights ,
Name and Likeness ,
New Legislation ,
Regulatory Agenda ,
Right of Publicity ,
Student Athletes
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
Six states have enacted NIL legislation, another 27 states have proposed NIL legislation, the U.S. Congress has at least two bills proposed, the NAIA has enacted NIL rules, and in January 2021 the NCAA likely will endorse its...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
Colleges and universities face a host of issues to consider before reopening athletic programs in the wake of COVID-19, from the day-to-day operation of campus facilities to specific challenges around gameday operations and...more
9/4/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health ,
Quarantine ,
Re-Opening Guidelines ,
School Sports ,
Screening Procedures ,
Social Distancing ,
Student Athletes ,
Universities
On the 30th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail...more
7/29/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Access Claims ,
Disability Discrimination ,
E-Commerce ,
Hospitality Industry ,
Personal Protective Equipment ,
Public Accommodation ,
Reasonable Accommodation ,
Retailers ,
Screening Procedures ,
Title III ,
Virus Testing ,
Website Accessibility
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
Multi-tenant residential housing properties face numerous financial and operational challenges from the outbreak of Coronavirus disease 2019 (COVID-19). An immediate concern for owners and management is their ability to...more
The holidays are a hectic time for a lot of different reasons. One thing that remains constant through the chaos of work events, family gatherings, and inclement weather is the hustle and bustle of the retail world. This post...more