March 11, 2020

SJC Affirms Test for Standing in Zoning Appeals

March 11, 2020/ Kathleen Heyer

In a highly unusual move, only one day after hearing oral argument, the Supreme Judicial Court reversed the Appeals Court decision in Murchison v. Zoning Bd. of Appeals of Sherborn, which concerned the test for establishing standing in land use cases, and reaffirmed what had previously been considered the undisputed legal standard.

March 20, 2019

A Contractor’s Best Friend: The Statute of Repose and Time Limits on a Homeowner’s Tort Claims

March 20, 2019/ Kathleen Heyer

Good news for contractors, developers, and design professionals – Massachusetts’ highest court has recently confirmed that you cannot be held liable for negligent design, planning, or construction activities more than six (6) years after you finish that work.

February 20, 2019

No Variance Necessary to Increase Preexisting Nonconformity; c. 40A § 6 Finding Sufficient

February 20, 2019/ Kathleen Heyer

The SJC has concluded that a preexisting nonconforming home may be altered or extended in such a way as to increase the nonconfomity without a variance. What is required is a finding under Section 6 of the Zoning Act.

July 19, 2018

An Adverse Possession Decision With A Twist

July 19, 2018/ Kathleen Heyer

An otherwise-normal adverse possession case took a twist when the trial court judge declined to quiet title to the plaintiff’s property despite denying the defendants’ counterclaim for adverse possession

July 17, 2018

Massachusetts Rule Confirmed, No Legal Remedy for Damage Caused by Neighbor's Healthy Tree

July 17, 2018/ Kathleen Heyer

The Massachusetts Supreme Judicial Court has affirmed the continued validity of the “Massachusetts Rule” with respect to tree damage, which states that if your neighbor’s healthy tree extends over and causes damage to your property, you cannot sue your neighbor, but you may remove the offending branches or roots on your side of the property line to prevent damage.

J&B Blog