Real Estate & Lease Litigation: April 2015 Archives

Massachusetts Appeals Court Overturns Wind Turbine Zoning Ruling

In Drummey v. Town of Falmouth, the Massachusetts Appeals Court overturned a Superior Court ruling and held that the Town of Falmouth incorrectly failed to obtain a special use permit from the Falmouth zoning board of appeals in order to construct and install a wind turbine on town land. 87 Mass. App. Ct. 127 (2014).

Appeals Court Settles Jurisdiction Question For Large-Scale Development Projects

In February, the Massachusetts Appeals Court clarified that the Land Court and Superior Court have exclusive jurisdiction over appeals of permits granted by cities and towns for large-scale development projects. See Skawski v. Greenfield Investors Property Dev., LLC, No. 13-P-1947 (February 27, 2015). The Court relied on G.L. c. 185, § 3A and its prior decision in Buccaneer Dev., Inc. v. Zoning Bd. of Appeals of Lenox, 83 Mass. App. Ct. 40 (2012), in rendering its decision.

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