AG Campbell Sues Milton Over Transit Zoning
First it lost a six-figure state grant. Now, Milton is facing a lawsuit after voters rejected zoning that would have complied with the state MBTA Communities law.
SJC Says MassDOT Owes Core Investments for South Boston Taking
The Massachusetts Department of Transportation overstepped its authority in a 2018 eminent domain taking for a South Boston property owned by Boston-based developer Core Investments, the Supreme Judicial Court ruled.
SJC Ruling Could Sidetrack Coastal Projects
The Supreme Judicial Court this week handed state environmental regulators a new assignment to revamp how waterfront developments are reviewed and approved, potentially affecting zoning frameworks in coastal communities from Beverly to Provincetown.
SJC Backs Dismissal of Downtown Rezoning
Rezoning that would clear the way for a pair of new towers on Boston Harbor is back in limbo after the Massachusetts Supreme Judicial Court upheld a lower court ruling.
Business Groups Launch Campaign Against ‘Blank Check’ Tax Amendment
Opponents of the proposed surtax on household income over $1 million launched their campaign Monday morning to defeat the Constitutional amendment on November’s ballot, focusing on the potential impact on small businesses and retirees as well as the possibility that the Legislature treats the estimated $1.3 billion in annual surtax revenue as a “blank check.”
SJC Ruling Backs Local Authority
A 2021 Massachusetts Supreme Judicial Court ruling has implications for Nantucket and other Bay State communities debating new short-term rental regulations.
SJC Weighs Capital Gains Tax Case
Any Massachusetts resident who owns stock in a company based elsewhere could get a tax bill from every state in which that firm does business if the Supreme Judicial Court upholds the commissioner of revenue’s decision.
Rent Acceleration Clauses Pose Hazard for Defaulted Tenants
Rent acceleration clauses allow landlords to evict defaulted tenants and demand that they immediately pay all remaining rent through the end of the lease term as liquidated damages.
Potential Expansion of Abutter Rights Turned Back
Standing is an essential issue in zoning appeals because only persons “aggrieved” may pursue their complaints about a neighbor’s project through the courts.
State’s Highest Court Reverses Key Abutter Rights Ruling
The Massachusetts Supreme Judicial Court handed the development industry and housing advocates a victory Friday when it reversed a lower court ruling that gave broad rights for abutters to sue over nearby development projects.
Fidelity Not Buffaloed
The Supreme Judicial Court rejected a real estate company’s argument courts should not invalidate a binding real estate appraisal because the appraiser’s firm, but not the appraiser himself, allegedly had a conflict of interest.
SJC Revamps Unjust Enrichment Doctrine
The doctrine of unjust enrichment is an ancient legal concept that allows contractors to get paid even if they have no contractual right to compensation.
Developer Puts Controversial Housing Site On Market
Developer Cabot, Cabot & Forbes has placed on the market a 6.3-acre Newton property where its attempts to build a 334 apartments under the Chapter 40B affordable housing law are being reviewed by the Massachusetts Supreme Judicial Court.
SJC: Ratepayers Shouldn’t Be On The Hook For Pipeline Construction
The Supreme Judicial Court dealt a blow on Wednesday to Gov. Charlie Baker’s efforts to increase the flow of natural gas to the region, ruling that utilities cannot ask electric ratepayers to help finance the construction of gas pipelines.
