When Some Leases End, Trouble Begins
Imprecise language in retail leases can lead to litigation over what happens at the property after the term expires, as happened in these three cases.
City Must Pay Property Owner in Underway Eminent Domain Case
In a case of first impression, the Massachusetts Supreme Judicial Court ruled last month in Abuzahra v. City of Cambridge that property owners can accept partial payments from government bodies for eminent domain takings, while simultaneously challenging the lawfulness of the takings.
Amendment to Mass. Zoning Act Favors Housing Production
A range of changes were made when Gov. Charlie Baker signed a series of zoning and land use reforms into law this month – including more than you may realize.
Wind Projects Expected to Fuel New Bedford Economy
New Bedford’s whaling industry thrived in the 19th century, when whale oil was an important source of energy. Now, in the 21st century, it’s positioned to return to the sector as the staging area for offshore wind turbine projects.
SJC Issues Landmark Ruling on Condos
Defense attorneys appreciate statutes of limitations, but truly love statutes of repose. The differences between such statutes seem arcane and technical to most people, but to attorneys the differences are huge.
Major Apartment Manager Avoids Suit Over Security Deposit
The Massachusetts security deposit statute imposes numerous restrictions on landlords who require security deposits from residential tenants. Noncompliance can be costly to landlords.
How Brookline Bank Built a $90M Condo Association Loan Portfolio
Wes Blair saw an opportunity when state law changed in 1993, and helped create a lending program for Brookline Bank that helps condominium associations finance replacements and improvements.
Rent Acceleration Clauses Pose Hazard for Defaulted Tenants
Rent acceleration clauses allow landlords to evict defaulted tenants and demand that they immediately pay all remaining rent through the end of the lease term as liquidated damages.
Who Counts as ‘Aggrieved’ in Zoning Disputes?
The Zoning Act does not specifically define the term “person aggrieved,” so Massachusetts courts have developed their own jurisprudence when deciding this threshold issue in zoning cases.
Take Your Neighbor to Court? It’s Not That Simple in Mass.
The following scenario is not uncommon in Massachusetts: An abutter awakens one morning to find a building under construction next door. The building violates local zoning regulations. But before the abutter can run to the courthouse, they must carefully go through several, not necessarily obvious steps.
Cooperative Housing: Where Exclusivity Is Assured
What do Richard Nixon, Gloria Vanderbilt, Madonna, Billy Joel and Calvin Klein all have in common? They are among many noteworthy personages who were rejected when seeking to buy into cooperative housing projects.
Eviction Ban is the Law of the Land in Massachusetts
Since Gov. Charlie Baker declared the COVID-19 emergency on March 10, recent legislation and court orders have effectively suspended eviction actions in Massachusetts.
COVID-19 Ignites Interest in ‘Frustration of Purpose’
Commercial leases usually include “force majeure” clauses that excuse parties from performing non-monetary obligations during national disasters or civil unrest. But these generally offer no relief from tenant rent obligations.
Real Estate Attorney Liable Under Successor Liability
Would you have any recourse if you win a money judgement against a business whose owner quickly files for bankruptcy and starts a new business under a similar name, using the same assets to provide the same services to the same customers?
Your Texts and Emails Can Create Binding Contracts
A tough problem faced by a New Bedford beef jerkey manufacturer shows courts will enforce contracts formed by email, but only if certain conditions are met.
Tax Benefits for Gateway Cities Projects Abound
Real estate investors should pay special attention to downtown areas of Brockton, Fitchburg, Lowell, Lynn and Worcester, where overlapping HD zones and Opportunity Zones are within walking distance of commuter rail stations.
Participating Loans Give Lenders a Share of the Upside
For more highly leveraged projects, some lenders offer “participating loans,” where borrowers pay additional interest tied to cash flow or appreciation. What do you need to know about them?
Waterfront Standoff Continues In Wake of Ruling
“Not in my backyard” could be the state motto in Massachusetts, where major real estate developments routinely endure costly legal challenges. The Chiofaro Co.’s proposed 600-foot mixed-use tower at the Harbor Garage site near the New England Aquarium in Boston is an example.
SJC Reverses Judgment Against Psychiatric Hospital
Behavioral health programs enjoyed a victory in a case before the Supreme Judicial Court that ruled a McLean Hospital program was protected under the Dover Amendment.
