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
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
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 -
UPHILL BATTLE FOR RETAIL CANNABIS APPLICANTS -
Mederi, Inc. v. City of Salem, 488 Mass. 60 (2021) Summary: In Mederi, Inc. v. City of Salem, the Massachusetts Supreme Judicial Court grappled with...more
9/22/2021
/ Anti-SLAPP ,
Breach of Contract ,
Cannabis-Related Businesses (CRBs) ,
Commercial Leases ,
Condominiums ,
Coronavirus/COVID-19 ,
Dispensaries ,
Easements ,
Impossibility ,
Infectious Diseases ,
Mandamus Petitions ,
Marijuana Related Businesses ,
Property Improvements ,
Purchase and Sale Agreements ,
Real Estate Market ,
Retailers
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
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
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
As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group,...more