Article 97 Prior Public Use Doctrine Real Estate

Mass. SJC adopts “totality of the circumstances” test to determine whether municipal land is held for a specific purpose

March 12, 2024 by Tess Edwards | Leave a Comment

In its recent decision in Carroll v. Select Board of Norwell (pdf), the Massachusetts Supreme Judicial Court (SJC) reaffirmed that where town-owned land is held for a specific purpose, M.G.L. c. 40, § 15A dictates that it cannot be diverted to another inconsistent use until the “board or officer having charge” of the land determines […]

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Easements Land Use Restrictions

Mass. SJC: $3.5 Million Payday for Torrent of Errant Golf Balls Not a Fore-Gone Conclusion

January 19, 2023 by Michelle O'Brien | Leave a Comment

A Kingston couple was dealt a significant blow days before Christmas when the Supreme Judicial Court (SJC) set aside a jury verdict awarding them $3.5 million in damages for errant golf balls hitting their property. In Tenczar v. Indian Pond Country Club, Inc. (pdf), the SJC ruled that the trial judge erred in his jury […]

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