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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,...
Location. Location. Location. It's a phrase that anyone who has considered buying property knows well. When it comes to residential property, location can have a major impact on lifestyle and livability. When it comes to a new brick and mortar business, it can mean...
In today's world, looks are everything -- especially for a growing business. Everything from your website design to your business cards helps you establish a brand identity that tells your potential customers who you are. In fact, the way your actual brick-and-mortar...
In a perfect world, we would all get along with our neighbors -- and maybe even enjoy a few summertime barbecues. However, in the real world, this is not always the case and there are times when squabbles with neighbors turn into all out legal disputes. A common area...
This is the third in a series of posts on challenges to zoning bylaws and ordinances, and the second addressing the question of where to bring a challenge to a zoning bylaw or ordinance. The prior post covered the Land Court. The Land Court, however, is not the only...
Utility easements are something most business owners probably do not even think about until it affects their site planning and development. Suddenly, they find themselves wondering not only what a utility easement is, but also how to circumnavigate the restrictions...
This is the second in a series of posts on challenges to zoning bylaws and ordinances. An important threshold issue, apart from diagnosing what type of bylaw challenge should be brought, is where to bring these claims. Depending on the circumstances, these claims may...
There are times when a residential or commercial property owner will need to request a variance in order to use the land in a way that is usually not permitted by the zoning ordinance. For the landowner, there is a lot on the line and he or she must show exactly how...
In run of the mill zoning appeals, the plaintiff must persuade the trial court that a local zoning decision "is based on a legally untenable ground, or is unreasonable, whimsical, capricious or arbitrary" in order to have the local decision annulled. Davis v. Zoning...
On May 13, 2016, the Appeals Court issued its decision in Hanlon v. Town of Sheffield, 89 Mass. App. Ct. 392 (2016), wherein it concluded that in order to regulate "the use and operation of aircraft or [an] airport or restricted landing area" for both commercial and...