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Featured Zoning & Planning Updates

 

 

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...Read More »

After Eight Years of Litigation, Truro Selectmen Fold

After Eight Years of Litigation, Truro Selectmen Fold After Eight Years of Litigation, Truro Selectmen Fold The Board of Selectmen of the Town of Truro have finally relented and set a price on contract zoning....Read More »

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Zoning & Planning Cases

 


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.< Read More »


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.< Read More »


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.< Read More »


Land Court Cases: December 2016

LAST UPDATED 12/16/2016    Read More »

Stepanian v. Saraceno (Misc. 10-443263)(January 5, 2016)

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Zoning & Planning Legislation

 

Legislation Post

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Local Zoning & Planning Updates

 

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...Read More »

After Eight Years of Litigation, Truro Selectmen Fold

After Eight Years of Litigation, Truro Selectmen Fold After Eight Years of Litigation, Truro Selectmen Fold The Board of Selectmen of the Town of Truro have finally relented and set a price on contract zoning....Read More »

Abutters and Town of Chelmsford appeal Westford asphalt plant permit

A group of abutters from Westford and Chelmsford and the Town of Chelmsford have appealed the grant of a special permit for the construction of an asphalt plant in the Town of Westford in a...Read More »


Real Estate Development News

 

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....Read More »

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...Read More »


Misc. Zoning & Real Estate Matters

 

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....Read More »

Purchaser From Emigrant Mortgage After Bad Foreclosure Notice Gets Damages

Superior Court Judge allows damages against a mortgage company after selling a foreclosure property of a botched foreclosure: “After plaintiff Harold Wilion purchased certain residential property at 1643 Cambridge Street in Cambridge (“the property”) from...Read More »


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