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Zoning – Solar facility – Special permit
Where the Northfield planning board denied a request for a special permit to construct a large-scale solar power facility, the board’s decision must be annulled because it does not satisfy the minimum requirements described in Wendy’s Old Fashioned Hamburgers of New York., Inc. v. Board of Appeal of Billerica, 454 Mass. 374, 381 (2009).
Real property – Condominium – Outdoor dining
Where the plaintiff resident of a second-floor unit has brought an action to challenge the right of a ground-floor restaurant to continue to operate its outdoor dining service in front of the 75 Chestnut Street Condominium, the restaurant should be awarded summary judgment because the use of the outdoor dining area by the restaurant does not violate the condominium documents.
Real property – Settlement – Release
Where a defendant in a dispute over title to real property has filed a motion for summary judgment, that motion should be allowed based on a release in a settlement agreement.
Real property – Right of first refusal – Manufactured housing
Where a community association made up of the residents of the manufactured housing units at “Bluebird Acres” in Chicopee have requested a declaratory judgment that it properly exercised a right of first refusal created by the Manufactured Housing Communities Act, an issue remains regarding whether the owner unreasonably refused or delayed entering into a final purchase and sale agreement such [...]
Zoning – Affordable housing – Easement
Where plaintiffs have filed a complaint to stop the development of an affordable housing project approved by the Milton zoning board, the plaintiffs’ motion for summary judgment should be allowed because the emergency access driveway approved by the board will overload the easement in Merjwood Road that is appurtenant to the property at 652 Canton Avenue.
Zoning – Standing – Variances
Where a plaintiff abutter has challenged variances to construct two single-family homes on North Avenue in Mendon, the appeal should be dismissed for lack of standing under G.L.c. 40A, §17, as the plaintiff has not established aggrievement.
Real property – Limitations – Resulting trust
Where two plaintiffs have requested a declaration that they are co-owners of the defendant’s real property by operation of either a constructive trust or a resulting trust, the defendant is entitled to summary judgment on statute of limitations grounds, as the plaintiffs’ causes of action accrued in 2015.
Zoning – Standing – Hotel
Where two plaintiffs have challenged the issuance of a special permit to construct a 120-room hotel in Brockton, the complaint should be dismissed for lack of standing because neither plaintiff has asserted a factual basis to conclude that either will suffer a measurable harm to an interest protected by the Brockton zoning ordinance.
Zoning – Prior owners – Necessary parties
Where an appeal has been brought to stop the construction of single-family dwellings on two lots in Gloucester, a motion to dismiss filed by the prior owners of the lots should be allowed because they are not necessary parties.
Zoning – Standing – Abutter
Where an abutter appeal has been filed to stop the construction of single-family dwellings on two lots in Gloucester, summary judgment should be awarded to the defendant owner of the lots because the plaintiff abutter has not established standing under the Affordable Homes Act, which is applicable retroactively.
Real property – Easement – Equitable contribution
Where plaintiffs who own land subject to an easement have brought suit over the defendant’s refusal to share in certain construction costs that they incurred to replace a bridge on their property that the defendant has historically used to get from the nearest roadway to the easement area, the defendant’s motion to dismiss the complaint should be allowed in part and denied in part, as the plai[...]
Real property – Adverse possession
Where a defendant has asserted an adverse possession counterclaim, judgment should enter in his favor, as “the combination of regular yard maintenance with the installation of permanent or semi-permanent structures satisfy the element of actual use” of the disputed area.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
