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Real Estate & Lease Litigation: February 2013 Archives

Tenant's Corporate Parent Insulated from Lease Default Claim; But Liable for Use and Occupancy

Last Fall, the Massachusetts Appeals Court held in OMV Associates, L.P. v Clearway Acquisition, Inc., 82 Mass. App. Ct. 561 (2012), that a lessee's corporate parent could not be reached under traditional veil-piercing principles to pay the debt of a subsidiary that breached a commercial lease.

As Beach Disappears, So Do Property Rights

In a case decided just last week, the Supreme Judicial Court (the "SJC") rejected the Plaintiffs-Appellants' contention that they held an interest in a "moveable" beach lot that shifted with the sands as the original lot disappeared into the Atlantic Ocean.

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