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
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
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Bylaws ,
Commercial Real Estate Contracts ,
Commercially Reasonable Efforts ,
Constitutional Challenges ,
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Contract Drafting ,
Contract Terms ,
Demolition ,
Real Estate Development ,
Reasonable Efforts Clauses ,
Urban Planning & Development ,
Zoning Board of Appeals
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
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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