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Approval May Not Be Required, But Sufficient Plans Are

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

Developers Beware: Difficult Multi-Step Process for Obtaining and Cashing In On Appeal Bonds

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

Difficult Multi-Step Process for Obtaining and Cashing In On Appeal Bonds

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

Those Appealing Zoning Board Decisions Must Comply With 20-Day Period

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

Law of the Land - Real Estate Litigation Newsletter - June 2023, Volume II, Issue III

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

Law of the Land - Real Estate Litigation Newsletter - April 2023, Volume II, Issue II

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

Law of the Land - Real Estate Litigation Newsletter - May 2022, Volume I, Issue XIII

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

Law of the Land - Real Estate Litigation Newsletter - December 2021, Volume I, Issue XI

CASES OF NOTE - LIMITATIONS FACING PLAINTIFFS UNDER CHAPTER 40A - Doyle v. Zoning Board of Appeals of City of Attleboro, No. 20 MISC 000386 (DRR), 2021 WL 5037871 (Mass. Land Ct. Oct. 29, 2021)...more

Law of the Land - Real Estate Litigation Newsletter - August 2020, Volume I, Issue II

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

Town of Chelmsford, et al. v. Newport Materials, LLC, et al

In Town of Chelmsford, et al. v. Newport Materials, LLC, et al., C.A. No. 1681CV03455 (Mass. Super. Ct. Sept. 6, 2017), the Town of Chelmsford appealed a Westford Planning Board (“Board”) decision granting Newport Materials,...more

Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC

In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the...more

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