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Real Estate & Lease Litigation: February 2015 Archives

Massachusetts Appeals Court Issues Important Zoning Clarification

In Pelullo v. Croft, the Massachusetts Appeals Court issued an important decision regarding zoning by-laws.  86 Mass. App. Ct. 908 (2014).  The Defendant applied to the Natick building inspector for a permit to construct a single family home on his lot at 15 Upland Road.  Id. at 909.  The plaintiff, who owned a property abutting 15 Upland Road, filed an opposition to the permit application on the grounds that the lot did not meet the requirement in a Natick Zoning Bylaw that there be a "minimum lot depth of 125 feet" for the construction of a single family home in a residential zoning district.  Id. at 908.

Do Violations of the Building Code Violate Chapter 93A?

The Massachusetts Consumer Protection Act, General Laws Chapter 93A, § 2, prohibits "unfair or deceptive acts or practices in the conduct of trade or commerce."   Since Chapter 93A was enacted in 1967, the Commonwealth's courts have continued to define the scope and substance of the conduct that the law prohibits.  

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