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...
Month: June 2015
Phillips & Angley Win Settlement Enforcement Action at the Massachusetts Appeals Court
On June 9, 2015, the Massachusetts Appeals Court issued an unpublished 1:28 Decision upholding the Land Court's entry of final judgment for P & A's clients, the plaintiffs, Barbara Hysell and Linda Carlson, as well as awarding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...
ITW v. Falmouth ZBA: Substantial Evidence Violation Based upon the “Wrong Legal Standard”
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...
CHAPTER 7 OF BANKRUPTCY CODE & STATUS OF JUDICIAL LIENS ON REAL PROPERTY POST-DISCHARGE
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...