In a decision (pdf) released this morning, the Supreme Judicial Court (SJC) has reversed an Appeals Court decision that struck down the Town of Saugus’s sewer connection charges as an illegal tax. The SJC concluded that, because the charges in question are “reasonably
Rackemann, Sawyer & Brewster
Rackemann, Sawyer & Brewster is a law firm that publishes blogs focused on legal issues primarily related to real estate, property law, and related transactional and litigation matters. Their content includes analysis of court decisions, explanations of legal concepts such as easements, joint ownership, and foreclosure duties, as well as updates on regulatory and permitting developments affecting property owners and developers. The firm provides detailed discussions of case law and statutory changes, aiming to inform clients and the public about practical legal implications in real estate and property management contexts.
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Hot Off The Presses – Eaton v. Fannie Mae
By Donald Pinto
Here is the Supreme Judicial Court’s decision in Eaton v. Fannie Mae, released moments ago. It appears to require a foreclosing mortgagee to either have physical possession of the underlying promissory note or be acting as the authorized agent of the noteholder. Crucially…
Breaking: SJC’s Eaton Decision Expected Today
By Donald Pinto
Rumor has it that the Supreme Judicial Court will issue its long-awaited decision in the case of Eaton v. Fannie Mae later this morning. One crucial issue presented is whether a foreclosing mortgagee must hold both the mortgage and the note. For…
One-Lot Subdivision Approved Thanks To Obscure Provision Of Subdivision Control Law
The Massachusetts Subdivision Control Law, M.G.L. c. 41, §§ 81K – 81GG, defines “subdivision” as “the division of a tract of land into two or more lots . . .” (emphasis added). Given this definition, it has long been thought that there is no…
Breaking: Mass. AG Approves Brookline’s Controversial “Neighborhood Conservation District” Bylaw
By Donald Pinto
In a decision (pdf) issued yesterday, the Massachusetts Attorney General’s Office has approved an expansive and unprecedented “Neighborhood Conservation District” bylaw (actually two related bylaws) adopted by the Town of Brookline at a November, 2011 Special Town Meeting. For a discussion of the background to…
Breaking: The Massachusetts Permit Extension Act, Squared
On Wednesday, the Massachusetts House voted to pass an economic development bill, An Act Relative to Infrastructure Investment, Enhanced Competitiveness and Economic Growth in the Commonwealth. This bill contains provisions regarding the extension of the Brownfields Tax Credit and the creation of…
SJC Remands Important Dover Amendment Case
The Supreme Judicial Court (SJC) today issued a decision in Regis College v. Town of Weston (pdf), a case that (someday) will add to the existing body of Massachusetts law under the so-called Dover Amendment – the provision in the state’s Zoning Act that exempts qualifying educational…
Conservation Law Foundation to the Rescue?
Help is on the way for beleaguered environmental enforcement agencies that have experienced severe budget cuts over the past few years. As reported here, the budgetary cuts at MassDEP have been especially deep. The Conservation Law Foundation (CLF) has stepped into…
If Not You, Then Who? Appeals Court Addresses Who Is Responsible for Protecting Wetlands
By Donald Pinto
The Appeals Court’s recent decision in Conservation Commission of Brockton v. Department of Environmental Protection presents a relatively rare instance where local and state regulators disagree about the administration of a statute under which they both have responsibilities. The statute is…