Real Estate & Property Law

I've got a new Blog - Please come visit.

Posted on June 05, 2008
I've expanded my corporate regulation and compliance practice and I'm blogging about it. Please visit that Blog. I am devoting the new blog to the education of those on the front lines of privacy issues in corporate life. This is...

Stuborn is Alive and Well - New England Fund is a Subsidy for 40B

Posted on July 20, 2007
In a significant decision today, the Supreme Judicial Court, in upholding a Superior Court decision, parted with the Appeals Court analysis and expanded the understanding of a "Subsidy" for purposes of Chapter 40B affordable housing projects. The SJC has wholly...

Bellingham Bylaw giving Veto Power to Town Meeting for ?Major Developments? is Illegal.

Posted on July 09, 2007
The Land Court has struck down and invalidated a Bellingham Bylaw provision requiring approval of a Concept Plan by Town Meeting for large development proposals. According to the Court, the provision provided that ?an applicant seeking the grant of a...

Appraiser's Oversight Does Not Negate Standing.

Posted on June 29, 2007
The Appeals Court has reversed a Superior Court judge and found that plaintiffs have standing to appeal a grant of a variance despite an real estate appraiser's oversight regarding the current use of property. In Central Street, LLC v. Zoning...

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Standing in Zoning Appeal Conferred by Local Bylaw

Posted on June 29, 2007
The Appeals Court has determined that standing to appeal a special permit determination is conferred on an abutter by virtue of a local bylaw. In Sweenie v. Planning Board of Groton, the Appeals Court found that although the abutters failed...

Home is where the trailer is: Trailer on lot sufficient to destroy grandfathered lot status

Posted on June 27, 2007
The Appeals Court, in an unpublished decision, has determined that a trailer on a lot, even though not being used at the time of the enactment of zoning, was enough to disqualify the lot for treatment as a grandfathered lot...

Change in use is a change in use is a change in use

Posted on June 27, 2007
The Land Court has determined that, even though a use has not changed its classification under the town's bylaw, any change triggers the necessity for review. The property changed from potato chip factory to a vacant building to a plumbing...

Town must reach merits of 40B application before determining local need

Posted on June 27, 2007
The Appeals Court has determined that the Town of Wrentham inappropriately denied a 40B (Comprehensive Permit) Application without even assessing the merits of the application. The town denied the permit summarily based upon the fact that it had met the...

Regulating Understanding: Can new loan disclosures solve the subprime woes?

Posted on June 22, 2007
As anyone who recently borrowed money to buy a house or refinanced their mortgage can tell you, the stack of paperwork required by the banks is staggering. The ?closing package? is so complete (and I use that term loosely), even...

Hopkinton?s decision not to buy Weston Nurseries 708 acres could lead to . . . well . . . anything.

Posted on June 22, 2007
After much debate, the townspeople of Hopkinton recently voted down the opportunity to purchase 708 acres from the bankrupt owners of Weston Nurseries. The land was protected under Massachusetts state law, Chapter 61A, as agricultural land and was paying lower...

No litmus test for local need; Even if a municipality reaches its 10% minimum affordable housing under Chapter 40B, a housing project may still be consistent with a local need and avoid local zoning.

Posted on June 19, 2007
The Supreme Judicial Court found that the Town of Amherst appropriately granted a comprehensive permit under chapter 40B because the town had an ?overwhelming need for affordable housing? outweighing ??constraints imposed by the zoning bylaw,?? despite the fact that it...

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