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
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
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
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
CASES OF NOTE -
CONVEYANCE OF PROPERTY RESULT OF MUTUAL MISTAKE -
Thomas v. Medeiros, 100 Mass. App. Ct. 1106 (2021) -
The Massachusetts Appeals Court recently affirmed a determination by the Land Court that a...more
11/2/2021
/ Adverse Possession ,
Anti-SLAPP ,
Bylaws ,
Deeds ,
Defamation ,
Dispensaries ,
Extortion ,
Land Courts ,
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Local Ordinance ,
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Mutual Mistake ,
Property Ownership ,
Real Estate Development ,
Real Estate Market ,
Real Estate Transfers ,
Retail Market ,
Urban Planning & Development ,
Zoning Maps
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
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
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