In my previous post concerning the District Court's decision in Industrial Tower and Wireless, LLC v. Haddad ("ITW v. Haddad"), 2015 WL 2365560 (D. Mass. 2015), I discussed the decision as fitting within a small, but significant, line of cases requiring local boards to base their denial decisions on the specific criteria of the local bylaw. Another noteworthy aspect of ITW v. Haddad is that it is one of the first trial-level decisions to apply the Supreme Court's decision in T-Mobile South, LLC v. City of Roswell, Ga., 135 S. Ct. 808 (2015) ("City of Roswell").
On June 9, 2015, the Massachusetts Appeals Court issued an unpublished 1:28 Decision upholding the Land Court's entry of final judgment for P & A's clients, the plaintiffs, Barbara Hysell and Linda Carlson, as well as awarding attorney's fees based on the frivolous nature of the Defendant's appeal. See Carlson v. Webb, 2015 Mass. App. Unpub. LEXIS 601 (Mass. App. Ct. 2015).
As previously posted, on May 18, 2015, P & A won summary judgment, under the Federal Telecommunications Act of 1996 (the "TCA" / "Act"), against the Town of Falmouth Zoning Board of Appeals in Industrial Tower and Wireless, LLC v. Haddad ("ITW v. Haddad"), 2015 WL 2365560, at *17 (D. Mass. 2015). The next two posts will look at two aspects of the District Court's decision that are particularly noteworthy.
In Christakis v. D'Arc, 471 Mass. 365 (2015), the SJC addressed the interplay between Chapter 7 of the Bankruptcy Code, judicial liens on real property, and the interplay between state and federal law. Specifically, the issue on appeal was "whether judicial liens on real property remain valid after the owner of the property receives a discharge under Chapter 7 of the Bankruptcy Code."