While the Commonwealth enjoys sovereign immunity from suits in many cases, today the Supreme Judicial Court in Walter E. Fernald Corp. v. Governor, SJC-11801 (May 29, 2015) limited its ability to avoid litigation in respect to challenges to ownership of parcels of...
Month: May 2015
“Tear down that wall!” – Good Fences Don’t Necessarily Make Good Neighbors, Part II
At the end of last year, we wrote about the case of Ruth Dwyer of Thetford, Vermont, who constructed a 60-foot-by-24-foot partition, consisting of cloth strung across multiple utility poles, to block her view of her neighbor, Patrick Perry’s house, and the light from...
Confused About Standing and Merger in Zoning Appeals?
Anyone looking for a refresher course on the topics of standing and merger with regard to zoning appeals is in luck. Yesterday, the Land Court issued its decision in Pitsick v. Lipsitt, 13 MISC 477862 (May 14, 2015), in which Judge Sands provided a comprehensive...
Are Judicial Liens on Property Void After Bankruptcy Discharge?
In Christakis v. Jeanne D'Arc Credit Union (SJC 11758) (May 6, 2015), the Massachusetts Supreme Judicial Court addressed the issue of whether judicial liens on real property remain valid after the owner of the property receives a discharge under Chapter 7 of the...