Real Estate & Lease Litigation: September 2020 Archives

Prior Public Use Doctrine Does Not Apply to Public Lands Sold or Leased for

The Massachusetts Supreme Judicial Court ("SJC") has held that the Prior Public Use Doctrine, which operates to prevent public lands acquired for a particular use from being diverted to another inconsistent public use without explicit legislative authorization, does not apply to public land diverted to an inconsistent private use in Town of Sudbury v. MBTA et al.

When Three's a Crowd: Intervention under Federal Rule of Civil Procedure 24

In T-Mobile Northeast LLC v. Town of Barnstable, et. al., the First Circuit affirmed the decision of the United States District Court for the District of Massachusetts to deny local residents' motion for leave to intervene.

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