For three years we’ve been following the saga of 81 Spooner Road, the Brookline property at the center of a contentious zoning dispute and, more recently, an arson investigation. See our original post here, and our follow-ups here, here and here.
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 7
Under The Hood Of The Land Use Reform Bill, Part 2: Zoning Freezes And The Plan Formerly Known As ANR
In our continuing look at the Legislature’s proposed land use reform bill, “An Act Promoting the Planning and Development of Sustainable Communities” (the Act), we turn to the subject of zoning freezes and Approval Not Required (ANR) plans. The Act proposes significant changes to existing law…
Federal Court Reluctantly Rules “Try Title” Action Not Available To Stop Foreclosure
As a result of the First Circuit’s recent decision in Lemelson v. U.S. Bank National Ass’n., 721 F.3d 18 (2013), U.S. District Court Judge William G. Young was forced to reconsider his prior ruling in a “try title” case filed…
Under The Hood Of The Land Use Reform Bill, Part 1: Special Permits
Today we begin our detailed examination of the far-reaching land use reform bill pending before the Legislature. The title of this bill is “An Act Promoting the Planning and Development of Sustainable Communities”; it’s also known as House Bill H.1859. I’ll refer to it as the…
Merger By Acquisition: Grandfathered Status Can Be Lost
In a decision that re-affirms its 2001 ruling in Preston v. Board of Appeals of Hull, the Appeals Court last week held that the grandfathered status of a lawful pre-existing nonconforming lot is not perpetual, and can be lost if the lot later comes…
Appeals Court Panel Finds Standing To Challenge Amended Variance
By Donald Pinto
In an “unpublished” decision in Lortie v. Zoning Board of Appeals of Westport, an Appeals Court panel last month reversed a Superior Court decision that had dismissed, on summary judgment, the plaintiff abutters’ appeal of an amendment to a previously-issued variance. The original…
Gov. Patrick Appoints Rackemann Lawyer Kurt James to Marblehead Housing Board
By Donald Pinto
I’m pleased to report that Governor Deval Patrick has appointed my colleague Kurt James, a director in Rackemann’s Real Estate Department, to a five-year term on the Marblehead Housing Authority Board of Commissioners. Kurt has 25 years of experience in…
Land Court Sets Width and Grade of Long Unused Easement
In its 2012 decision in Cater v. Bednarek, the Supreme Judicial Court (SJC) upheld a Land Court decision that the plaintiffs’ easement had not been extinguished by abandonment or estoppel, even though it had not been cleared or used since its creation in 1899. However, the SJC remanded…
Spooner Road Update: Shirtless Burnt Crying Man Charged With Arson
By Donald Pinto
As reported yesterday, a 29-year-old Boston man has been charged with torching the house at the center of a long-running zoning dispute in Brookline. Our prior posts on that dispute (from earliest to latest) are here, here and here.
Co-Drafter Of Colossal Land Use Reform Bill Touts Its Benefits
By Donald Pinto
Jeffrey R. Lacy, AICP, is a Regional Planner with the Massachusetts Department of Conservation and Recreation’s Division of Water Supply Protection. More importantly for present purposes, Jeff is also a co-drafter of House Bill No. 1859 (pdf), “An Act Promoting the Planning…