On January 4, 2017, the Land Court, Scheier J., issued a decision in Stafford v. Flett, Land Court Docket No. 15 MISC 000134 (KFS), which granted declaratory judgment to P&A's client, the Defendant, declaring that she owns outright an area of her property that...
On November 9, 2016, after multiple, contentious hearing before the Town of Plymouth Board of Health, and related proceedings before the Plymouth Conservation Commission, was successful in opposing a request by neighbors that its clients'...
On October 19, 2016, the Massachusetts Land Court issued a Memorandum and Order on Cross Motions for Summary Judgment in Roma, III, Ltd. v. Town of Rockport Board of Appeals, Land Court Case No. 15 MISC 000074 (RBF), granting P & A's client, the plaintiff, Roma,...
As always, the real estate market is unpredictable. While looking at the neighborhood and county level, Boston Globe findings demonstrated in recent years that there has been recovery in certain markets while stagnant or nonexistent growth in other Boston area...
The recent Appeals Court case of Paine v. Sexton, 2015 WL 5567171 (Mass. App. Ct. Sept. 23, 2015), offers a new twist on some black letter law pertaining to adverse possession of wooded areas.As a reminder, to prevail on a claim of adverse possession, a plaintiff must...
A pending commercial real estate transaction may involve between $5 billion to $6 billion changing hands. This deal involves a number of large investors including Blackstone Group LP vying for an apartment complex that contains 11,200 units. "There's been a tremendous...
There are several competing factors at play when the energy and utility demands of a region increase. In New England, much of those demands can be seen during extreme temperatures, whether it is the heat waves of summer or protracted cold months in winter. In this...
On June 23, 2015, the Supreme Judicial Court handed down its most significant decision in the area of premises liability since 2010. See Sarkisian v. Concept Restaurants, Inc., SJC-11786, 2015 WL 3833877 (Mass. June 23, 2015). In Sarkisian, the court was asked to...
Today we offer a quick refresher of sorts. When it comes to real estate development-whether it be incorporating a new use, building a structure, or somehow otherwise modifying the existing conditions on site-there are several sources of laws and other "restrictions"...
Conditions upon land use permits are so ubiquitous that the authority for imposing them can easily be taken for granted. The Supreme Court's decision in Koontz v. St. Johns River Water Mgmt. Dist., 133 S.Ct. 2586 (2013), however, places a significant constitutional...
