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 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.
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.
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.
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.
Since Gov. Charlie Baker declared the COVID-19 emergency on March 10, recent legislation and court orders have effectively suspended eviction actions in Massachusetts.
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.
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?
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.
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.
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?
“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.
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.
According to DCHD records, 42 cities and towns have now adopted smart growth zoning, covering over 2,300 acres which can accommodate 22,213 dwelling units. But so far only about 3,750 dwelling units have been built or permitted, an increase of about 1,250 units since 2014.
Scientists, politicians and pundits warn us daily about the dangers of climate change and our over-reliance on fossil fuels. But when energy firms propose offshore wind turbine projects in the United States, lobbyists and regulatory agencies often hinder them.
Why should property owners care about a legal dispute involving a local ordinance in rural Pennsylvania requiring that cemeteries on private property be open to the general public? Because last month the U.S. Supreme Court issued a groundbreaking decision about this dispute that will have broad ramifications.
A failed wet sprinkler system in a South Boston luxury apartment building spawned a case showing courts are unlikely to entertain buyers’ suits against sellers for defects discovered after closing.
While the Boston market holds interest for co-living project operators, the city presents challenges from a regulatory perspective. Boston’s zoning code is complicated, with many neighborhoods, in effect, having their own zoning ordinances.
By neglecting to raise a key, compelling point in Land Court, a Dorchester landlord may have lost a case it could have otherwise won.
A recent Falmouth case shows property owners face big odds if they try to bring a lawsuit over a “regulatory taking.”
