Yesterday the Appeals Court upheld a variance decision by our former colleague, Land Court Justice Robert Foster. In that case, Furlong v. Zoning Board of Appeals of Salem, Furlong challenged a variance granted to the abutting Brewer Hawthorne Cove
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The Beach is This Way–And It’s My Registered Land
A Massachusetts appellate court has ruled for the first time that new land which accretes to registered waterfront land is treated as registered land automatically, without the registered landowner filing additional proceedings.
In Brown v. Kalicki, decided earlier this…
SJC Maintains Clear Rule on Scope of Easements
In Taylor v. Martha’s Vineyard Land Bank Commission, the SJC considered the scope of the rights that the Martha’s Vineyard Land Bank had under an easement that it held over the Outermost Inn property in Aquinnah owned by Hugh…
Boston Redevelopment Authority 1957-2016 – RIP?
Mayor Martin J. Walsh announced this week that the Boston Redevelopment Authority (BRA) is not only changing its name, but changing its business practices and approach with communities affected by the unprecedented real estate development boom Boston is currently experiencing. The…
BEER AND WINE NOW AVAILABLE TO WESTPORT BEACHGOERS
In a decision that brought cheers from thirsty beachgoers, the Appeals Court in Almeida v. Arruda, 89 Mass. App. Ct. 241 (2016) affirmed a lower court finding that the sale of beer and wine at a pre-existing, nonconforming convenience store…
Feds and States Wrestle Over Control of the Toxic Substances Control Act
On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (“FRL-21”). Heralded as much needed reform to the Toxic Substances Control Act (“TSCA”, pronounced “tos- kah”), FRL-21 has sparked…
The Beach is Which Way?
On June 17, 2016, the Supreme Judicial Court decided an interesting zoning case concerning whether the holder of a beach access easement has standing to challenge a zoning determination affecting the beach parcel. The case is Picard v. Zoning Board…
At Long Last Legislation Addresses Ibanez Issue
Two Cheers For Nude Dancing
In its decision last week in Showtime Entertainment, LLC v. Town of Mendon, the Supreme Judicial Court (SJC) struck down a Town of Mendon bylaw banning alcohol at “adult entertainment businesses.” This is the latest case to grapple with the tension that often arises between a municipality’s…
Breaking: SJC Rules That Real Estate Salespersons Are Not Covered By Independent Contractor Statute
This morning the Supreme Judicial Court (SJC) released its decision in the closely-watched case of Monell v. Boston Pads, LLC. The main issue on appeal – one of critical importance to the real estate brokerage industry – was whether the state’s…