Adverse Possession Eminent Domain Prescriptive Easement
February 24, 2020 by Donald R. Pinto, Jr. | Leave a Comment
In a rescript opinion issued this morning in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property is not an eminent domain taking. In prior proceedings in Gentili, the Land Court ruled that the defendant town had acquired a prescriptive easement […]
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Zoning
February 7, 2020 by Michelle O'Brien | Leave a Comment
In one of its noteworthy zoning decisions of late 2019, the Massachusetts Appeals Court interpreted the “two-year bar” for zoning amendments contained in M.G.L. c. 40A, § 5, sixth par. In Penn v. Town of Barnstable, the Appeals Court affirmed a summary judgment entered by the Land Court and concluded that the Town of Barnstable’s […]
