Author Archives: Mirick O'Connell

A Modern Take on the Antiquities Act of 1906

Posted on February 27, 2017 by Mirick O'Connell

During the waning days of his administration, President Obama used the Antiquities Act of 1906 (16 USC 431-433) (“Act”) to create expansive national monuments on land and at sea. According to the National Park Service, he established 34 national monuments … Continue reading →

What Does It Mean To Purchase An Additional Insured Endorsement?

Posted on February 8, 2017 by Mirick O'Connell

In the construction industry, it is standard for ‘upstream’ parties to require ‘downstream’ parties to purchase and maintain general liability insurance coverage, at varying limits, and to obtain an endorsement adding all or most ‘upstream’ parties as ‘additional insureds’ under … Continue reading →

Posted in Construction, Contracts, Uncategorized, Utilities | Tagged Construction, Contracts | Leave a comment

Update on St. John’s Holdings, LLC. v. Two Electronics, LLC

Posted on January 30, 2017 by Mirick O'Connell

On October 24th, 2016, the Massachusetts Land Court revised its ruling in St. John’s Holdings, LLC. v. Two Electronics, LLC (2016 WL 1460477 (2016). The underlying case (the subject of a prior blog article) involved electronic communication and the Statute … Continue reading →

Posted in Broker Liability | Tagged Contracts | Leave a comment

The Perils of Mobile Communication and Real Estate Negotiation

Posted on October 6, 2016 by Mirick O'Connell

The rapid expansion in mobile communication has stretched the limits of many longstanding legal frameworks, including the Statute of Frauds (“SOF”) (G.L. c. 259 § 1). This is certainly the case with respect to real estate transactions. In fact, 97% … Continue reading →

Posted in Uncategorized | 1 Comment

Appeals Court Revisits Adverse Possession of Undeveloped Land

Posted on May 4, 2016 by Mirick O'Connell

The Massachusetts Appeals Court recently reviewed adverse possession of wild and wooded areas. In Paine v. Sexton, 88 Mass. App. Ct. 389 (2015), the Plaintiff campground operators asserted rights to property based on record title and adverse possession. While it … Continue reading →

Posted in Economic Development, Environmental, Open Space, Wetlands, Zoning | Tagged Conservation Commission, Economic Develpment, Environmental, Open Space, Wetlands, Zoning | Leave a comment

Courts Refine Immunity Under the Massachusetts Recreational Use Statute

Posted on November 10, 2015 by Mirick O'Connell

Private landowners allowing public access to land should take note of recent court decisions which have refined the scope of the Recreational Use Statute, G.L. c. 21, § 17C (“Statute”). The Massachusetts Legislature enacted the Statute in 1972 in response … Continue reading →

Posted in Open Space | Tagged Conservation Commission | Leave a comment

The Case of the Abandoned Lease

Posted on April 26, 2012 by Mirick O'Connell

This gallery contains 1 photo.

An interesting opinion came down from the Massachusetts Appeals Court last month that merits discussion. In ss. App. Ct. 418 (2012), the Court held that the damages owed to a landlord from a … Continue reading →