Adopted in 1975, the Massachusetts Zoning Act (“Zoning Act”) provides a set of statewide standards that govern municipalities’ promulgation and enforcement of zoning regulations. Yet for homeowners looking to renovate, the Zoning Act can make it easier than one would...
In 2014, the Massachusetts Housing Finance Agency (“MassHousing”) issued a project eligibility letter to developer HD/MW Randolph Avenue, LLC (“HD/MW”) for a ninety unit, mixed-income residential development in Milton. The letter qualified HD/MW to apply to the Milton...
The Superior Court recently held a condominium trust, condominium property management company, and concierge services provider owed residents a duty of care to protect against foreseeable crime by third parties who enter through common areas. Dr. Richard Field and Dr....
Co-owners of real estate who no longer want to share title may file a petition for partition. If the property cannot be physically divided, the partition may be done in one of two ways: either one party buys out the interest of the other or the property is sold and...
As part of the recent explosion in cannabis facilities in Massachusetts, in around 2020 Nova Farms sought four special permits from the City of Attleboro. Two of the permits would have enabled Nova Farms to establish a cannabis retail business and a Medical Marijuana...
M.G.L.c. 260, § 2B, also known as a statute of repose, governs tort claims arising from improvements made to real property. The statute of repose was passed to protect providers “of individual expertise” in the business of planning, constructing, and administering...
Over Memorial Day weekend in 2016, the defendant rented out his property to Woody Victor and five friends for what was supposed to be a college reunion party. Instead, the pool party attracted over one hundred attendees and around 3 AM, the police received a report...
A group of Alabama and Georgia realtors have asked the U.S. Supreme Court for emergency relief in their lawsuit now pending on appeal before the U.S. Court of Appeals for District of Columbia Circuit. The realtors sued the U.S. government, challenging the legality of...
A real estate sales contract must comply with the Statute of Frauds, meaning that it must be in writing, contain a description of the property and the agreed-upon price. Further, the parties must intend to be bound by the contract. Unless the seller has a legal...
In Pittner v. Castle Peak 2012-1 Loan Trust (Memo & Order April 14, 2021), the United States District Court for the District of Massachusetts awarded summary judgment to Defendants, Castle Peak 2012-1 Loan Trust and Selene Finance LP, on Plaintiff’s claims of...
