My colleague at Rackemann, Jonathan Hayden, has been watching this pending SJC decision and the following is his take on the case:
The Supreme Judicial Court’s upcoming decision in Trustees of Cambridge Point Condominium Trust v. Cambridge Point,
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.
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END RUN AROUND LOCAL WETLANDS JURISDICTION? NOT SO FAST
According to the Wetlands Protection Act, when an applicant files a notice of intent with a local conservation commission to perform work that may impact wetlands, the commission has 21 days to open a public hearing to consider the…
Appeals Court Ruling Confirms Grandfathering Protection for Former Cambridge Courthouse
Today the Appeals Court decided Gund v. Planning Board of Cambridge. That case concerns the former location of the Middlesex Superior Court, an asbestos-filled, anomalous sky-scraper near Lechmere in Cambridge. The building, which does not comply with zoning, has…
Permitting, First Amendment and Jury Trial Issues All in One Case
On June 29, 2017, the First Circuit Court of Appeals decided Steinmetz v. Coyle Caron, Inc. That case, which has its roots in the mundane desire of a couple to build a new home on their land in Cohasset,…
AFFORDABLE HOUSING MARKET TAKES A HIT
BOSTON’S DOWNTOWN WATERFRONT PLAN DEBUTS
The Boston Planning and Development Agency recently released the Downtown Waterfront District Municipal Waterfront Plan (the “Waterfront Plan”). While virtually the entire Boston Harbor Waterfront is subject to Chapter 91 jurisdiction, municipalities are allowed to modify Chapter 91 regulations, as recently amended and…
Sign Envy in Boston
The recent saving of the iconic Citgo sign in Kenmore Square is being universally hailed as the saving of a true Boston landmark. Had it been taken down, thousands of people would be aimlessly wandering the city trying to…
Tenant Required to Prove that It Terminated Lease
Earlier this week the Appeals Court decided that a tenant has the burden of proving that it properly exercised its option to terminate a written lease. The commercial lease in Patriot Power, LLC v. New Rounder, LLC, provided that it…
Regulatory Taking, Anyone?
A Cape Cod jury, after a scant one-hour deliberation, decided in favor of a Falmouth landowner who claimed that the Falmouth Conservation Commission’s refusal to grant variances from the Town’s Wetlands Protection Bylaw deprived her of all beneficial use…