Though the special permit process is governed by both the Massachusetts Zoning Act (M.G.L. c. 40A) and local zoning bylaws and ordinances, the procedure for appeals of special permit decisions are set forth in M.G.L. c. 40A § 17.When a special permit application...
Month: January 2012
Private Nuisance Suits Against Municipalities: Limits on Damages and Open Issues in the Wake of Morrissey v. New England Deaconess Ass’n
It has been just over one year since the Massachusetts SJC rendered its decision in Morrissey v. New England Deaconess Ass'n-Abundant Life Communities, Inc., 458 Mass. 580 (2010). Although still relatively an unknown case, it has significant ramifications for private...
Rights of First Refusal
Occasionally, a right of first refusal (ROFR) will operate as a limitation on the sale or disposition of real property. In simple terms, a ROFR isa limitation on a property owner's ability to sell the property to a third party, requiring the owner to first offer the...
An Introduction to Adverse Possession & Prescriptive Easements
Fences, driveways, structures, lawns, gardens, trees or shrubbery often extend beyond a deeded property line and encroach onto another's property. The area of land may only be a few feet wide or consist of an entire parcel. Depending on the duration and nature of the...