Massachusetts zoning laws regulate the manner and extent to which property can be used. An August 18, 2017 Massachusetts real estate case brought before the Land Court illustrates a land use dispute involving neighboring homeowners. One of the homeowners had requested that the town’s building commissioner take a zoning enforcement action…
Massachusetts real estate disputes often arise when property owners feel that changes proposed by other landowners would adversely affect their property rights. In a July 26, 2017 case, the Appeals Court of Massachusetts considered whether a local planning board properly approved a modification of a 1947 subdivision plan that abandoned…
Land use and zoning laws regulate how people and businesses can use and build upon their property. Property owners are not completely restricted, however, and may seek approval from the local government of plans that do not conform with the laws. In a June 22, 2017 case, the Massachusetts Land Court…
Before someone can challenge the validity of a permit issued to another landowner, that person must have legal standing. In a June 12, 2017 case, the issue for the Massachusetts Land Court was whether a plaintiff who lived across from the defendant’s property had standing to appeal a special permit…
If a zoning board decision affects other adjoining or nearby landowners, they may be able to appeal the ruling. The Massachusetts Land Court reviewed a case on June 7, 2017 in which the defendants had obtained approval from the local zoning board to tear down a lawfully nonconforming garage on their property…
Before making changes to an existing building or constructing a new one, property owners may have to obtain approval from the local government. In a May 30, 2017 case, the Massachusetts Land Court reviewed a zoning board decision granting a variance to the defendants for the construction of a new house on their…
In some cases, home owners may need to seek approval from local officials before making significant changes to their properties. In a May 5, 2017 opinion, the Massachusetts Land Court reviewed a zoning board decision rejecting a building permit application filed by the plaintiff. The key question for the court was…
Property owners may apply for special permits allowing them to construct non-conforming buildings or renovations on their land. In some cases, the grant of such a permit may be challenged by abutting neighbors. The Massachusetts Land Court recently reviewed a zoning board decision in an April 6, 2017 appeal. The defendant in…
Whether or not a property owner can challenge a zoning decision regarding another property depends on his or her standing. The Massachusetts Land Court decided a March 13, 2017 case in which the defendants argued that the plaintiff lacked standing to object to a local zoning board decision. The court provided…
Individuals may have the right to appeal a decision from their local zoning board if the matter directly affects them or their property. The Massachusetts Land Court reviewed such an appeal in a January 3, 2017 case, in which the plaintiffs objected to a decision of the Zoning Board of Appeals. …