In a previous post we discussed Gale v. Zoning Board of Appeals of Gloucester (pdf) and the “difficult and infelicitous” language of the first two sentences of M.G.L. c. 40A, § 6 governing nonconforming uses and structures. In Gale, the Appeals
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 6
Some Old Land Use Restrictions Don’t Die, Or Even Fade Away
In its recent decision in Samuelson v. Planning Bd. of Orleans, the Appeals Court affirmed and expanded on its 2011 decision in Killorin v. Zoning Bd. of Appeals of Andover, which confined the reach of M.G.L. c. 184, § 23…
Known Monuments Decide Boundary Dispute
By Sam DeLuca
In its recent decision in Bernier v. Fredette, the Appeals Court affirmed a Land Court ruling concerning the importance of monuments in deed descriptions. In real estate parlance, a monument is a fixed object used by surveyors to establish land…
SJC Reverses Eminent Domain Judgment For Impacts From Sagamore Bridge “Flyover”
In its decision issued last week in Sorenti Bros., Inc. v. Commonwealth, the Supreme Judicial Court (SJC) ruled that a gas station owner is not entitled to eminent domain damages due to the elimination of the rotary at the foot of…
SJC Decides A Forest Is Tax-Exempt
By Donald Pinto
In a decision issued last week, the Supreme Judicial Court (SJC) ruled that New England Forestry Foundation, Inc. (NEFF) is a qualifying charitable organization whose forest land is exempt from property taxes under M.G.L. c. 59, § 5, clause third. In…
Recent Rulings on More Foreclosure Foibles
In the last few weeks the Supreme Judicial Court (SJC) decided two more cases dealing with the effects of botched foreclosure sales. The more important decision is U.S. Bank National Association v. Schumacher (pdf). Schumacher arises from M.G.L. c. 244, §35A,…
Safe Harbor or Cruel Mirage? BBA Program Looks at Chapter 40B’s Municipal Planning Defense
By Donald Pinto
On April 25, 2014, the Boston Bar Association will host a lunch program entitled “The (Slow) Rise and (Sudden) Fall of the Chapter 40B Municipal Planning Defense.” This program is jointly sponsored by the BBA’s Land Use and Development Committee…
Beverly Port Marina and the Fates of Permitting
By Donald Pinto
If you think land use is simple, read Beverly Port Marina, Inc. v. Department of Environmental Protection — not just the recent Appeals Court decision but the underlying agency decision. What’s so difficult? Begin with a smorgasbord of government laws…
Constructive Notice Of Building Permit Triggers 30-Day Appeal Period
Last week the Appeals Court decided Miles-Matthias v. Zoning Board of Appeals of Seekonk (pdf), the latest opinion to address the 30-day window under M.G.L. c. 40A, § 15 for appealing the issuance of a building permit. In Miles-Matthias, the plaintiffs were…
Registered, Schmegistered: Easements On Registered Land Can Be Relocated
Earlier this month the Supreme Judicial Court (SJC) issued an important decision in the case of Martin v. Simmons Properties, LLC. Mr. Martin holds an easement over the land of the defendant, Simmons. Simmons had blocked part of Martin’s easement. Land…