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Miss the Notice, Extend the Lease: Court Enforces Automatic Renewal Terms

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

Normal Wear Isn't Damage: Limits Placed on Security Deposit Reductions

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

Public by History: SJC Holds Formal Records Aren't Always Required

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

Speculation Won't Suffice: SJC Draws a Firm Line on Zoning Standing

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

AG's Power Holds, but Agency Shortcuts Don't

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

Equal Protection Not on the Menu This Time

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

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

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

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