Let’s Clear the Air on West Virginia v. EPA
The Supreme Court’s ruling in this case will likely prompt industries aggrieved by agency regulations to petition courts to nullify those regulations under the major questions doctrine.
Minority-Owned Development Firm Makes a Difference in Worcester
A Wellesley College poet and philosopher’s dream of redeveloping a Worcester property scored a tax benefit triple-play for The Menkiti Group, his son’s real estate development firm.
Neighbors Contest Relocation of Vineyard Hotel’s Pool Bar
An Edgartown hotel’s relocation of its outdoor pool bar is stirring up a hornet’s nest of litigation on Martha’s Vineyard.
No Room for Ambiguity in ‘Build to Suit’ Leases
The economics of “build to suit” leases are simple enough. But the process of carrying them out is a whole other matter. Here’s what landlords and tenants need to know.
Rent Control Has a Notorious Past in Massachusetts
The philosopher George Santayana famously said, “Those who cannot remember the past are condemned to repeat it.” This is worth considering as the Massachusetts legislature debates rent control bills this year.
Life Science Leases Bring Special Considerations for Tenants
Massachusetts is experiencing significant real estate activity associated with life sciences, but landlords and tenants should consider several issues before making financial commitments to these projects.
A Company Town Reinvents Itself in Western Mass.
Pittsfield has turned decades of contamination caused by General Electric’s former factory into opportunity, converting the 52-acre plant into an industrial park with six shovel-ready sites.
A Long Goodbye to LIBOR
The London Interbank Offered Rate was a widely accepted benchmark interest rate among financial institutions for over 40 years. One worldwide scandal and a handful of years later, it’s set to start expiring in a few days.
Appeals Court Ends Worcester Developer’s Phasing Rights
The Massachusetts Appeals Court ruled last month in Kettle Brook Lofts LLC v. Specht that a condominium developer could not unilaterally extend its phasing rights beyond what’s stipulated in the master deed.
Wetlands Violation Trips Up New Owner
The statute does not bar enforcement actions against subsequent buyers of the land, even if no enforcement action was brought against any prior buyer within the three-year period.
U.S. Supreme Court Puts Eviction Moratorium on Hold
The Court’s ruling does not prevent Congress from reimposing the moratorium. Nor does it prevent state and local governments from imposing their own eviction moratoria, as Acting Mayor Kim Janey recently announced in Boston.
House Party Shooting Raises Legal Questions
Alexander Styller rented his 5,000-square-foot mansion in Lynnfield, with its spacious patio and heated in-ground pool, to short-term renters planning a party over the 2016 Memorial Day weekend. The results were disastrous.
Supreme Court Recognizes ‘Right to Exclude’ in Union Fight
A recent Supreme Court opinion limits government intrusions on property rights, it confirmed that the government may require property owners to cede access rights in exchange for certain benefits,
Court Strikes Down Pinnacle Approval
The Suffolk Superior Court dealt a major setback in April to The Chiofaro Co,’s proposed 600-foot mixed-use tower at the Harbor Garage site near the New England Aquarium in Boston. But the plaintiffs’ victory may only be temporary.
As Pandemic Abates, Hotel Lenders Should Remain Vigilant
The hotel industry suffered mightily during the COVID-19 pandemic. Government ordered lockdowns led to steep declines in global tourism, resulting in decreased occupancy and room rates, employee layoffs and hotel closures. According to a recent industry analysis...
When Some Leases End, Trouble Begins
Imprecise language in retail leases can lead to litigation over what happens at the property after the term expires, as happened in these three cases.
City Must Pay Property Owner in Underway Eminent Domain Case
In a case of first impression, the Massachusetts Supreme Judicial Court ruled last month in Abuzahra v. City of Cambridge that property owners can accept partial payments from government bodies for eminent domain takings, while simultaneously challenging the lawfulness of the takings.
Amendment to Mass. Zoning Act Favors Housing Production
A range of changes were made when Gov. Charlie Baker signed a series of zoning and land use reforms into law this month – including more than you may realize.
Wind Projects Expected to Fuel New Bedford Economy
New Bedford’s whaling industry thrived in the 19th century, when whale oil was an important source of energy. Now, in the 21st century, it’s positioned to return to the sector as the staging area for offshore wind turbine projects.
SJC Issues Landmark Ruling on Condos
Defense attorneys appreciate statutes of limitations, but truly love statutes of repose. The differences between such statutes seem arcane and technical to most people, but to attorneys the differences are huge.
