Donald Pinto

  • Two Cheers For Nude Dancing

    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.

    Donald Pinto/ Massachusetts Land Use Monitor- 32 readers -
  • SJC Removes Another Arrow From The Foreclosure Defense Quiver

    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 ...

    Donald Pinto/ Massachusetts Land Use Monitor- 30 readers -
  • Recorded Deed With Phony Acknowledgement Is Ineffective

    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.

    Donald Pinto/ Massachusetts Land Use Monitor- 5 readers -
  • SJC Decides A Forest Is Tax-Exempt

    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).

    Donald Pinto/ Massachusetts Land Use Monitor- 22 readers -