Mortgages
November 16, 2017 / March 2, 2018 by Donald R. Pinto, Jr. | Leave a Comment
In its decision yesterday in Wells Fargo Bank v. Comeau (pdf), the Massachusetts Appeals Court rejected the plaintiff mortgagee’s attempt to use the doctrine of equitable subrogation in a novel way: to impose on a surviving wife the obligation to pay a note signed by her late husband where the wife had not signed either the note or […]
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Article 97 Restrictions
November 8, 2017 by Michelle O'Brien | Leave a Comment
In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected by Article 97 of the Amendments of the Massachusetts Constitution. Art. 97 provides, in part, that property “taken or acquired” for conservation […]