Mass DEP recently released a progress report (pdf) on its Regulatory Reform Initiative. First launched in the spring of 2011, the reform initiative has entailed an agency-wide assessment of current practices and regulations, spawning a detailed action plan (pdf) and extensive public input
Massachusetts Land Use Monitor
Real-Time News & Commentary on Land Use & Real Estate Law
The Massachusetts Land Use Monitor, published by Rackemann, Sawyer & Brewster, focuses on legal developments and issues related to land use and real estate in Massachusetts. It covers topics such as property rights, easements, joint ownership disputes, real estate transactions, zoning and permitting processes, and foreclosure duties. The blog discusses court decisions affecting land use, regulatory changes impacting developers and property owners, and practical considerations in property law including rights of first offer, easements by estoppel and implication, and partition actions. It also addresses the impact of state and municipal regulations on land development and property management.
Latest from Massachusetts Land Use Monitor - Page 10
Donnybrook at Ballymeade
The Land Court’s recent decision in New Falmouth Woods, LLC v. Ballymeade Property Owners Association, Inc. is a double bogey for Ballymeade Country Club in Falmouth, Massachusetts. The facts of the case are relatively simple. At the time Ballymeade Country Club was…
Be A Commercial Real Estate Guru
By Donald Pinto
On Tuesday, October 30, 2012, my colleagues and follow MLUM authors Gareth Orsmond and Michael Parker will be presiding over the next session of MCLE’s five-week “BasicsPlus” series on Commercial Real Estate. Gareth and Michael will be covering zoning, subdivision control, and…
Breaking: SJC Upholds Statutory Form of Foreclosure Affidavit
This morning the Supreme Judicial Court (SJC) issued its decision in Fannie Mae v. Hendricks (pdf), a summary process case that raised the issue of whether the Massachusetts statutory form of foreclosure affidavit – which has been in use for 100 years – is sufficient to show compliance with…
Harvard’s Big Plans For Allston Are Alright And OK
Harvard University recently released its new master plan (pdf) detailing expansion plans for its Allston campus. Besides adding several new buildings to the Business School, Harvard plans to resume construction of the science center complex where a lonely foundation sits, a casualty of the economic…
Massachusetts Environmental Law In A Nutshell
By Donald Pinto
My colleague and fellow MLUM author Michael Parker will be one of the featured panelists at a Massachusetts Continuing Legal Education (MCLE) seminar next Wednesday, October 24, 2012. The seminar is entitled Environmental Law: MCLE BasicsPlus, and will provide an “essential overview for environmental…
Commercial Landlords: Corporate Changes On Tenant’s Side Could Leave You Holding The Bag
A commercial landlord might assume it has recourse to recover unpaid rent from the parent company of a tenant/subsidiary when (1) during the lease term, the tenant is acquired by another company which converts the tenant into its subsidiary, (2) the parent moves into the leased space with its new subsidiary, (3)…
Innovation in Allston: Nation’s First Green District Takes Root
In 2007, Boston was the first city in the nation to adopt Green Building provisions, known as Article 37 (pdf). Those provisions require reduced emissions from privately-owned buildings, and require all buildings over 50,000 square feet to comply with LEED certification standards. Now, Boston’s…
MassDEP’s Chapter 91 Jurisdiction: Where’s The Line Between Fact And Fiction?
A recent MassDEP administrative decision, In the Matter of Armstrong (pdf), proves that you can fight City Hall (in this case, MassDEP) and win. However, it also demonstrates the level of effort needed to be victorious. At issue in Armstrong was the…
Some Interesting Stats From Our Appellate Courts
By Donald Pinto
The Supreme Judicial Court (SJC) recently released its FY 2011 “Annual Report on the State of the Massachusetts Court System,” a copy of which is here (pdf). The report is chock full of information – some of it pretty depressing – about the…