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 […]
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Condominiums
October 23, 2017 by Donald R. Pinto, Jr. | Leave a Comment
It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units. This device allows the developer to offer a degree of privacy in decks, driveways, garages, attics, and similar spaces that are affiliated with, but outside of, a unit. But how exclusive is an exclusive use area? The Massachusetts Appeals Court answered this question in a recent decision. […]
Easements Restrictions
September 22, 2017 / October 10, 2017 by Donald R. Pinto, Jr. | Leave a Comment
In its decision this week in Perry v. Aiello, the Massachusetts Appeals Court addresses an interesting question: whether a 1947 grant of easement-like rights created an affirmative easement, which can be perpetual, or a disfavored restriction whose duration is limited by sections 26-30 of M.G.L. c. 184. The case involved a dispute between two storied Boston institutions: DeLuca’s Market, a high-end grocery […]
Commercial Leases
May 8, 2017 / May 8, 2017 by Donald R. Pinto, Jr. | Leave a Comment
In a case of interest to commercial landlords and tenants, the Massachusetts Appeals Court recently ruled that where a commercial lease is self-renewing but can be terminated on six-months’ notice to the other side, the party seeking to terminate – in this case the tenant – has the burden of proving it timely exercised its right. Patriot Power, LLC v. New […]
