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Property Law
Section Review Articles
V12 N1
Financially struggling 40B projects may be altered after construction is complete
Arrested developments: Lobisser v. Sutherland and special permit lapse analysis in phased condominiums
Variance denials and abuse of discretion: Guardione v. Longmeadow
V11 N1
Recent developments in the field of reverse mortgages
The continuing metamorphosis of 40B review
v9 n1
The end of “prohibition by condition”: Castle Hill Apartments Limited Partnership v. Planning Board of Holyoke
v8 n2
Undoing the unjustified lis pendens: The special motion to dismiss as considered in
Galipault v. Wash Rock Investments, LLC
Jablonski v. Casey
: Fruitful stop on the summary process trail
v8 n1
When must a landlord consent to a
sublease? Recent analysis from the Appeals Court and strategies for avoiding litigation
Who is left standing?
Butler v. City of Waltham
Good faith and application of the
so-called "escape clause": A cautionary tale
v7 n3
Standing in Wetland Appeals: How Recent Developments Alter the Right to Challenge State and Local Decisions
Variances in the Crowded City: A Reaffirmation of Abutters’ Rights in
McGee v. Board of Appeal
Andover Housing Authority v. Shkolnik: The Duty To Make Reasonable Accommodations Under The Fair Housing Laws
v7 n2
McKinley Investments, Inc. v. Middleborough Land LLC
: The evolution of the statute of frauds to a more modern approach
Fieldstone Meadows v. Conservation Commission of Andover
: The pendulum swings the other way
Assessing assessments: The Appeals Court issues first appellate decision on municipal betterment assessment methodologies
v7 n1
Proulx v. D'Urso:
End of the dominance of the dominant estate holder
SJC reaffirms limited role of courts in regulating public infrastructure projects
v6 n3
Pier review:
Dubuque v. Conservation Commission of Barnstable
Jablonski v. Clemons:
A reaffirmation of tenants' remedies
Mechanic's liens after the
National Lumber
and
Golden
decisions
Private land-use restrictions under the lis pendens statute
v6 n2
Lawrence v. Concord
: The doctrine of adverse possession restored and acquistion of title to government property
Kiernan v. City of Salem
and zoning revision: Striking a new imbalance between planning controls and property rights
Court reluctant to find irrebuttable presumption lurking in lease or regulations
v6 n1
Property Law Section comments
Dalessio v. Baggia
and the status of the estoppel by deed doctrine in Massachusetts
Dennis Housing
: clarifying what is 'local' under the Comprehensive Permit Act
As market rates drop, landowners seek judicial determination of 'Prudent Investor' interest rates in eminent domain litigation
v5 n3
Prohibiting denial by delay: the Supreme Judicial Court protects subsidized housing from appeals by town officials
The perils of retroactive application when overruling established precedent
SJC ruling in
Chandler v. County Commissioners of Nantucket
beaches land taking attempt for use other than roadway
v5 n2
Berish V. Bornstein:
Expanding the Right of the Condominium and Home Owner to Sue for Defective Construction
City of Worcester v. Bonaventura:
Affirming the Police Power of Municipalities to Define "Family" in Zoning Matters
v5 n1
The Ardemore Case and the Future of Zoning Overrides under General Laws Chapter 40B
Impacts of the 'Phone Sex Case' on Future Games of Legal Hardball
Reflections of a Long-Time Real Estate Lawyer
V4 N3
Alteration Of Nonconforming Structures and Uses Under The Zoning Act: Is There a Difference Between Lawful and Unlawful?
Summer
Recent Massachusetts SJC and Appeals Court decisions relevant to real estate pra
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