Tuesday, September 27, 2005

Mass. Appeals Court refuses to grandfather a local grandfathering provision

Mass. Appeals Court finds that a local grandfathering bylaw creating an exemption is not grandfathered as conforming to "then existing [zoning] requirements" under G.L. c. 40A, sec.6. See www.Meltzerlaw.com.

Friday, September 16, 2005

Seller gets his cake and eats it too.

Mass. Appeals Court allows Seller to keep deposit as liquidated damages despite subsequent full-price closing to same Buyer (09/16/05). See www.Meltzerlaw.com.

Tuesday, September 13, 2005

Mass. Land Court overturns Sudbury Use Variance

The Massachusetts Land Court found that the Sudbury Zoning Board exceeded its authority when it allowed the extension of a use variance for a construction and landscaping business. See www.meltzerlaw.com.