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Land Court Cases: December 2016

Land Court Cases: December 2016

LAST UPDATED 12/16/2016

J.P. Morgan Chase Bank v. Niakaros (Misc. 13-479399) (December 13, 2016)

Keywords: personal loan, reformation, mortgage, mutual mistake

Issue:  Whether the court should reform a mortgage to change the grantor from an individual to the individual as trustee / owner of the real property where the trustee never intended to grant a mortgage to the property.<

Colomba v. Belmont Zoning Board of Appeals (Misc. 16-000219) (December 7, 2016)

Keywords: special permit, hotel, prohibited use

Issue:  Whether a hotel use is permitted by special permit where the zoning bylaw prohibits all uses not specifically allowed, there is no zone that a hotel is allowed as a primary use, but hotel use is allowed under the bylaw as an accessory use.<