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Tag Archives: Massachusetts real estate litigator
Lt. Gov. Polito to Give Keynote at Boroughs+ Economic Development Summit on Jan. 26
Mirick O’Connell is proud to sponsor the Boroughs+ Economic Development Summit on January 26 at the Doubletree Hotel in Westborough. The summit will feature a keynote address from Lt. Gov. Karyn Polito, followed by a panel discussion and Q&A. To register for … Continue reading
Bullish on the Boroughs: A Commercial Market Snapshot
Guest Post by Arlon Brown of the Parsons Commercial Group, Framingham, Mass. The commercial office market in the Boroughs (Marlborough, Northborough, Southborough and Westborough) is improving with declining vacancies and rising rental rates. This can be attributed to an expanding … Continue reading
MassDEP Obtains Judgment From Superior Court for $265k Fine at Taunton Plating Facility
According to a press release issued by the Massachusetts Department of Environmental Protection (MassDEP) today, the Suffolk Superior Court issued a judgment against a New York City-based company for failing to properly address historical contamination at the former Kent Silversmith … Continue reading
Posted in Environmental, Hazardous Materials, Uncategorized
Tagged David McCay, Environmental Attorney, Hazardous waste, Massachusetts Contingency Plan, Massachusetts Department of Environmental Protection, Massachusetts environmental attorney, Massachusetts real estate litigator, MassDEP, Superior Court
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A Lesson From Somerville: Better Zoning Promotes Economic Growth
Paul McMorrow wrote an interesting column in yesterday’s Boston Globe that deserves reading, particularly for those interested in crafting workable zoning codes and bylaws in our cities and towns. The current zoning process in most Massachusetts communities, even for simple … Continue reading
Contractors & Property Owners Beware: SJC Decision Highlights Risk of Penalties for Environmental Violations
The Supreme Judicial Court’s (SJC) recent decision in Franklin Office Park Realty Corp. v. Comm’r of Dept. of Envt’l Protection, 466 Mass. 454 (2013), is a good news, bad news proposition for Massachusetts property owners and contractors. At issue in … Continue reading
Posted in Construction, Environmental, Hazardous Materials, Wetlands
Tagged asbestos, David McCay, Franklin Office Park Realty Corp., Hazardous Materials, Massachusetts Department of Environmental Protection, Massachusetts environmental attorney, Massachusetts real estate litigator, MassDEP penalty, Supreme Judicial Court, Wetlands
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Legislature’s $1.4 Billion Bond Bill Amends Controversial Chapter 40B
The Massachusetts Senate and House of Representatives recently passed a $1.4 billion bond bill authorizing, among other things, $500 million in repairs and improvements to public housing and $305 million for the Affordable Housing Trust Fund. While the dollar amounts … Continue reading
Supreme Court Ruling a Victory for Developers’ Fifth Amendment Property Rights
The U.S. Supreme Court issued its ruling today in the closely-watched Koontz v. St. Johns River Water Management District case. The decision is a major victory for private property rights, particularly in the land use permitting context. In a 5-4 … Continue reading
Massachusetts Zoning Overhaul Winding Its Way Through Legislature, Its Future Unclear
By David McCay and Brian Casaceli In an earlier post in February, we reported on House Bill 1859, “An Act Promoting the Planning and Development of Sustainable Communities.” The bill would make dramatic changes to Massachusetts zoning law and significantly alter … Continue reading
Commercial Landlord Must Wait Until End of Lease to Recover from Defaulting Tenant Says Supreme Judicial Court
As we reported previously here, the Massachusetts Appeals Court ruled last year in 275 Washington Street Corp. v. Hudson River International, LLC that, in the absence of specific lease language to the contrary, “the bright-line rule remains that a landlord … Continue reading
Brokers Beware: SJC Issues Ruling in Closely-Followed DeWolfe v. Hingham Centre Case
The Supreme Judicial Court’s (SJC) recent ruling in DeWolfe v. Hingham Centre, Ltd., is a warning to Massachusetts real estate brokers: What you say can and will be used against you in a court of law. The case is also … Continue reading
SJC Again Rebuffs Local Attempts to Control 40B Low-Income Housing Developments
Zoning Board of Appeals of Sunderland v. Sugarbush Meadow, LLC is the Supreme Judicial Court’s (SJC) latest snub to municipal attempts to control the development of low income housing. Despite testimony from the Town’s Fire Chief that the Town lacks … Continue reading
Appeals Court Ruling Promotes Expedited Resolution of Land Use Disputes
In 2006, then-Governor Mitt Romney signed into law “An Act Relative to Streamlining and Expediting the Permitting Process in the Commonwealth.” The Act created a designated “permit session” in the Land Court designed to handle all permit-related litigation involving large … Continue reading
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