The Land Court has overturned the denial of a special permit to a commercial nursery in Falmouth in GSTVS, LLC v. Falmouth Planning Bd., 14 MISC 486885 (Mass. Land Ct. Mar. 21, 2016), finding that that Board erred in its factual findings – a somewhat unusual...
Year: 2016
To Surrender or To Vest: That is the Question
Can a homeowner who owes more on their mortgage than their property is worth force the mortgagee to take title to the property as part of a bankruptcy plan? Put more simply: can an underwater homeowner, by filing bankruptcy, force a bank to take their property off...
SJC Oral Arguments in Skawski: Housing Court or Land Court Permit Session?
Today the Supreme Judicial Court heard oral arguments in the matter of Skawski v. Greenfield Investors Property Development, LLC, SJC-11926, which concerns the jurisdiction of the Housing Court and Land Court permit session over certain large-scale developments. The...