Let's say you and a neighbor are in dispute about whether you've got a valid easement to cross over his property. Suppose the disputed portion of land is a dirt path that you need to use in order to access the boat launch at the pond shared by all the homes in your...
Month: October 2014
ZONING BRIEFS – FALL 2014
Here are a few recent zoning and land-use related headlines/articles from around the region. Plymouth's upcoming Town Meeting has a few zoning-related items on the Warrant, the most interesting of which is Article 31, which seeks to add a "demolition delay" bylaw...
Phillips & Angley Wins Appeal in Permanent Injunction Case
On October 8, 2014, the Massachusetts Appeals Court handed down its decision in Great Woods, Inc. v. Clemmey, Docket No. 13-P-1817, through a Memorandum and Order Pursuant to Rule 1:28. In that unpublished decision, the Appeals Court panel (Kantrowitz, Grainger &...
ANR PLAN ENDORSEMENT: WHEN A PLANNING BOARD (TRIES TO) APPEAL ITSELF
The recent Land Court case of Georgetown Planning Bd. v. Georgetown Planning Bd., 2014 WL 3555971, 13 MISC 480712 (KCL) (Mass. Land. Ct. 2014), is perhaps one of the more "creative" ways around trying to undo a constructive endorsement of an ANR (Approval Not...