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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

Zoning Permits May Last Longer Than Expected Under Extension Acts

Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield, 105 Mass. App. Ct. 518 (2025) - Palmer involved a dispute concerning the so-called “Permit Extension Act,” passed by the Massachusetts Legislature (the...more

Federal Court Pauses for State Decisions in Property Disputes

29 Greenwood, LLC v. City of Newton, 128 F.4th 1 (1st Cir. 2025) In 29 Greenwood, the Newton Historical Commission (the “Commission”) issued a permit to 29 Greenwood, LLC (“Greenwood”) for restoration of the Gershom Hyde...more

New Guidance on Land Dedication and Article 97

Nahant Preservation Trust, Inc. v. Northeastern University, 104 Mass.App.Ct. 698 (2024) - Nahant Preservation Trust, Inc. v. Northeastern University involved a dispute over whether a private landowner (“Northeastern”) had...more

Appeals Court Shines Light on Solar Panel Protections

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

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