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

BAC Home Loans Servicing LP v. Savankham (Misc. 11-457188) (November 21, 2016)
BAC Home Loans Servicing LP v. Savankham (Misc. 11-457188) (November 21, 2016)

Keywords: mutual mistake, mortgage, reformation, declaratory judgment, quiet title, equitable subrogation

Issue:  Whether a mortgage is binding on co-owners of a property who never executed a mortgage under the theory of equitable subrogation.<

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

Land Court Cases: December 2016
Land Court Cases: December 2016

LAST UPDATED 12/16/2016    

Stepanian v. Saraceno (Misc. 10-443263)(January 5, 2016)
Stepanian v. Saraceno (Misc. 10-443263)(January 5, 2016)
Land Court Cases: January 2016
Land Court Judge Orders Condo to Remove Fencing to Town Neck Beach in Sandwich
Land Court Judge Orders Condo to Remove Fencing to Town Neck Beach in Sandwich

Judge Foster sides with local beachgoers  Judge Foster has ordered Sandwich condominium owners who had blocked access to Town Neck Beach this summer to remove fencing and allow nearby homeowners to use their deeded right…

Medical marijuana dispensary pitched for Davis Square
Medical marijuana dispensary pitched for Davis Square

Medical marijuana dispensary pitched for Davis Square Garden Remedies (of Newton and other locations nationally) and Sage Cannabis are both eyeing Davis Square as a location for a new medical marijuana dispensary. Read more HERE….

Brookline Zoning Board Requesting 40B Moratorium
Brookline Zoning Board Requesting 40B Moratorium

Brookline Zoning Board Requesting 40B Moratorium The Town of Brookline Zoning Board of Appeals, through its Board of Selectmen, has requested that the Commonwealth grant a six month moratorium on new projects. The ZBA says…

Safety Risk Could be Hardship Under Variance Standard
Safety Risk Could be Hardship Under Variance Standard

Safety Risk Could be Hardship Under Variance Standard FURLONG vs. ZONING BOARD OF APPEALS OF SALEM https://www.evernote.com/shard/s4/sh/8ff076fe-ab1a-4bd3-bb9b-45ff9f0fc9ab/704de803df78820c6fb42e4da460857a   In Furlong, the applicant for a zoning variance in order “to place the proposed building at the…

Judge: Speicher
Keywords: Easement, Right of Way, Estoppel, Overburden
Issue: Whether easement restrictions can be enforced after the expiration of the statute of limitations.