In some situations, there may be an exception to a zoning ordinance that would otherwise prohibit a particular activity or change to a property. In a recently published opinion, the Appeals Court of Massachusetts reviewed a case in which the defendant sought and received a dimensional variance from the zoning board, allowing it…
When a local planning board makes a decision regarding a real estate matter, adversely affected landowners may be able to appeal and argue their case. In Siok v. Planning Bd. of Ludlow (Mass. App. Ct. Oct. 31, 2016), the Appeals Court of Massachusetts reviewed a decision by a planning board, which…
In some cases, there may be restrictions or conditions affecting the title or use of real property. The Massachusetts Land Court recently decided a real estate dispute involving the validity of a lot size restriction on a parcel of land in Nair v. Nantucket Land Council, Inc. (Mass. Land Ct.…
Many times, increased development or changed uses of land are opposed by neighboring residential property owners. In Franson v. City of Woburn (Mass. Land Ct. Sept. 14, 2016), the Massachusetts Land Court decided a zoning dispute involving a development group seeking to construct 18 townhouses. The property at issue was…
In a current real estate case, Massachusetts property owners brought an action seeking to annul a special permit granted by the town’s planning board for the construction of a 16-unit housing development. In Parker v. Freedman (Mass. Land Ct. Aug. 26, 2016), the plaintiffs contended the development would negatively affect their…
In a recent opinion, the Appeals Court of Massachusetts reviewed a zoning appeal involving the merger of two adjacent lots. In Gallagher v. Zoning Bd. of Appeals of Falmouth (Mass. App. Ct. July 25, 2016), the plaintiff appealed a summary judgment order by the land court, which affirmed a decision…
The Massachusetts Land Court issued an opinion regarding a zoning appeal in Reeve v. Godfrey (Mass. Land Ct. July 12, 2016). The building commissioner issued a building permit for the construction of a single-family home in the same location as a former dwelling. The plaintiffs and other neighboring homeowners appealed…
In a recent zoning appeal, the Massachusetts Court of Appeals decided the question of whether neighboring residents could continue their attempt to block a permit allowing the construction of a building on an empty lot after missing a filing deadline. In McIntyre v. Zoning Bd. of Appeals of Braintree, 89…
The Massachusetts Court of Appeals recently decided a zoning issue involving a private, noncommercial aircraft landing area on the residential property of the plaintiff. In Hanlon v. Town of Sheffield (Mass. App. Ct. May 13, 2016), the plaintiff owned nearly 40 acres of land, which included his residence as well as…
In a recent case, the Appeals Court of Massachusetts reviewed a decision by the Land Court involving a permit to rebuild a nonconforming residential structure that was destroyed by a hurricane years before. In Chiaraluce v. Zoning Bd. of Appeals of Wareham, 48 N.E.3d 475 (Mass. App. 2016), the property…