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Tag Archives: Supreme Judicial Court
State’s Highest Court to Determine Scope of Dover Amendment Solar Protection in M.G.L. c. 40A
Last week, the SJC heard oral arguments for a case that is anticipated to potentially impact municipal zoning, specifically in the realm of solar energy projects. The outcome of this case will either aid or inhibit a municipality’s ability to … Continue reading
SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed
All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way. Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act. To successfully challenge … Continue reading
Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise
When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, … Continue reading
Posted in Contracts, Lease
Tagged appraisal, Contracts, Lease, Supreme Judicial Court
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Real Estate Agents Not Covered by Independent Contractor Statute
In 2004, the Massachusetts Legislature passed M.G.L. c. 149, § 148B, known as the independent contractor statute, to prevent the misclassification of employees as independent contractors, which would deny them benefits they would otherwise be entitled to as employees. When … Continue reading
Posted in Construction, Contracts, Labor
Tagged employee, Independent Contractor, Monell v. Boston Pads, Supreme Judicial Court
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On Solid Ground’s Top Five Stories of 2013
With 2013 coming to an end, it’s time to take a look back at the year that was. Each year brings new developments in real estate, environmental and construction law, and 2013 was certainly no exception. Here’s our pick for … Continue reading
Posted in Broker Liability, Construction, Contracts, Environmental, Hazardous Materials, Municipal, Wetlands, Zoning
Tagged DeWolfe, Kootz v. St. Johns River Water Management District, marijuana dispensaries, Massachusetts Appeals Court, Massachusetts Contingency Plan, Massachusetts Department of Environmental Protection, Perini Corp., Supreme Judicial Court
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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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SJC Liberally Applies Mechanic’s Lien Law to Protect Lien From Dissolution
As it has done in the past, the Supreme Judicial Court (SJC) has interpreted the requirements for enforcement of a mechanic’s lien in broad fashion to protect a lien that otherwise might have been dissolved. In NES Rentals, Inc. v. … 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
SJC: Contracts Can Shorten Statute of Limitations Period, Unless…
Despite the fairly straightforward nature of the issue, before the recent case of Creative Playthings Franchising, Corp. v. James A. Reiser, Jr., the Massachusetts Supreme Judicial Court (SJC) had not categorically ruled whether parties to a contract could agree to … Continue reading
Posted in Construction, Contracts, Lease
Tagged Construction, Contracts, Creative Playthings, Lease, Reiser, statute of limitations, Supreme Judicial Court
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On Solid Ground: The Mirick Real Estate Law Blog 