The Appeals Court has affirmed a Land Court decision overturning two decisions by the Springfield Zoning Board of Appeals which had revoked building permits issued to Palmer Renewable Energy, LLC, for construction of a biomass power plant that burns “green wood chips”...
Real Property
Open Space Proponents Win in Long Wharf Battle
In what can only be described as a complete win for the National Park Service, and those residents of Boston that wished to see Long Wharf remain open to the public, the United States District Court for the District of Massachusetts has granted summary judgment in...
Mortgage Notary Acknowledgments Continue to Present Problems for Creditors in Bankruptcy Proceedings
Mortgage notary acknowledgments are still causing issues in bankruptcy, as seen in two recent cases. In both, the US Bankruptcy Court for the District of Massachusetts addressed the sufficiency of two allegedly defective notary acknowledgments which were challenged...
Farm Weddings: An Illegal Rural Tradition?
If your friends and family have been telling you for years that your farm would be an idyllic wedding spot, make sure you check your town’s zoning bylaws before you set up the big top and roll out the lace bunting. In its recent 4-1 decision of Forster d/b/a...
Is A Wall Just A Wall, Or Is It A Structure?
When is a wall just a wall, and when is a wall a structure? In the recent decision of O'Connell v. Vainisi, LCR (May 29, 2015), the Land Court considered this question under the Cohasset zoning bylaw. Specifically, the Court considered the Plaintiffs' objection to...
Supreme Judicial Court Eliminates Sovereign Immunity for Certain Property-Related Declaratory Judgment Actions
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...
“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...