Is the litigation over Truro’s infamous “Kline House” finally over? Maybe. After years of litigation through multiple levels of the court system, concluding with a multi-million dollar settlement between the owners of the Kline House and the Town (for the history of...
Andover Real Estate And Business Law Blog
SJC: District Court Has Jurisdiction Over More-Than-$25,000 Counterclaim
Everyone knows that the District Court has jurisdiction over cases “only if there is no reasonable likelihood that recovery by the plaintiff will exceed $25,000.” G. L. c. 218, § 19. If the amount in controversy will be more than $25,000, the Superior Court has...
Land Court Says Hull Zoning Bylaw Doesn’t Allow Weekly Rentals
In an interesting decision that could have ramifications for the short-term rental of property, the Land Court in Lytle v. Swiec, (Mass. Land Ct. May 23, 2017), held that the Hull Zoning Board was correct in upholding the decision of the Building Commissioner that the...
Kline House in the (Zoning) Hot Seat Again
Looks like Truro’s infamous “Kline House,” now owned by Tom and Kit Dennis of Springfield, may be back in Court despite a $3 million settlement between the owners and the Town. Several neighbors recently requested that the Town’s Building Commissioner to enforce the...
Failure to Send Post-Foreclosure Notices Does Not Void Foreclosure
After issuing multiple decisions over the past several years emphasizing the importance of strict compliance with the statutory requirements for foreclosing on real estate, the Massachusetts Supreme Judicial Court has held that the strict compliance standard does not...
$3,000,000 Payment Means Truro’s Kline House Can Stay
Remember the Kline house in Truro? Near the Edward Hopper house? The one constructed under permits that were issued because the conversion of an existing single-family home into a “habitable studio” and construction a new 8,000+ square foot summer home, situated 200...
“Build First, Ask Permission Later” Not The Best Plan
Sometimes “act first, ask permission later” isn’t the best course of action, as evidenced by a recent Land Court decision concerning a change to a Gloucester multi-family home. The entire factual history is set forth in detail in the Court’s decision in Gattineri v....
A Brief Synopsis of Recent MA Mortgage-Related Decisions
Several mortgage-related decisions have recently issued from both the Massachusetts federal and state courts. In no particular order, here is a brief synopsis of some of the more interesting ones: In U.S. Bank National Assoc. v. Bolling, 15-P-1259 (Sept. 1, 2016),...
Expanded Subject Matter Jurisdiction of the Appellate Division of the District Court
The Appeals Court has concluded that the Appellate Division of the District Court Department of the Trial Courts has jurisdiction to hear a G.L. c. 40A, § 17 appeal from the District Court, based upon the extension of equity jurisdiction to the district courts over...
Massachusetts Senate Passes Zoning Overhaul
The Massachusetts Senate passed Senate Bill 2311, which would significantly alter zoning law in the Commonwealth, on June 9, 2016, after adopting a number of amendments. The Bill now goes to the House, where Speaker DeLeo has not committed to taking it up before the...