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In its decision last week in Showtime Entertainment, LLC v. Town of Mendon, the Supreme Judicial Court (SJC) struck down a Town of Mendon bylaw banning alcohol at “adult entertainment businesses.” This is the latest case to grapple with the tension that often arises between a municipality’s exercise of its police powers and citizens’ exercise of their First Amendment rights.
This morning the Supreme Judicial Court (SJC) released its decision in the closely-watched case of Monell v. Boston Pads, LLC. The main issue on appeal – one of critical importance to the real estate brokerage industry – was whether the state’s 2004 independent contractor statute, M.G.L. c. 149, § 148B (part of the Wage Act), applies to real estate salespersons who work for bro ...
In its recent decision (pdf) in Abate v. Fremont Investment & Loan, the Supreme Judicial Court (SJC) affirmed a Land Court judgment dismissing a foreclosed borrower’s “try title” action. “Try title” is a nineteenth century cause of action that allows an owner of land to force someone with an adverse claim to the land to either bring an action and prove his “better title” or ...
Home > Miscellaneous > Period Of Public Ownership Doesn’t Stop Adverse Possession Clock The Appeals Court’s recent decision in 1148 Daviol Street LLC v. Mechanic’s Mill One LLC will be of interest to adverse possession buffs. The issue on appeal was whether the plaintiff’s adverse possession claim started running during a 14-year period when the defendant’s property was ...
Home > Landlord-Tenant > Breaking: SJC Rules That Candidate Can’t Be Barred From Soliciting Signatures At Private, Stand-Alone Supermarket In a closely-watched case affecting hundreds of stores and other commercial establishments across Massachusetts, the Supreme Judicial Court (SJC) today ruled that Article 9 of the Massachusetts Declaration of Rights – which protects the right of equal.
In a case of first impression, the Appeals Court ruled last week in Allen v. Allen that a recorded deed with an acknowledgement falsely stating that the grantor had personally appeared before the notary public was unenforceable against a family member with a competing, subsequently recorded deed. Allen pitted the plaintiff sister, Deborah, against her defendant brother, Harold Jr.
In a decision issued last week, the Supreme Judicial Court (SJC) ruled that New England Forestry Foundation, Inc. (NEFF) is a qualifying charitable organization whose forest land is exempt from property taxes under M.G.L. c. 59, § 5, clause third. In so ruling, the SJC reversed a contrary decision of the state Appellate Tax Board (ATB).
Home > Affordable Housing > Safe Harbor or Cruel Mirage? BBA Program Looks at Chapter 40B’s Municipal Planning Defense On April 25, 2014, the Boston Bar Association will host a lunch program entitled “The (Slow) Rise and (Sudden) Fall of the Chapter 40B Municipal P ...