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
1/16/2026
/ Appellate Courts ,
Automatic Renewals ,
Breach of Contract ,
Commercial Leases ,
Commercial Litigation ,
Commercial Real Estate Contracts ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Enforceability ,
Landlords ,
Liquidated Damages ,
Notice Requirements ,
Notification Requirements
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
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
1/16/2026
/ Evidence ,
Land Courts ,
Land Owners ,
MA Supreme Judicial Court ,
Municipalities ,
Prescriptive Easements ,
Property Owners ,
Public Access Laws ,
Public Property ,
Right of Way ,
Statutory Interpretation
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
1/16/2026
/ Appellate Courts ,
Evidence ,
Expert Testimony ,
Groundwater ,
Judicial Review ,
Land Developers ,
Land Use Claims ,
Local Ordinance ,
Property Owners ,
Standing ,
Summary Judgment ,
Warehouses ,
Zoning Laws
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
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
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
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
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
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
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
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