The blog of Johnson & Borenstein, LLC, an Andover, MA real estate, land use, and civil litigation law firm.
When is a wall just a wall, and when is a wall a structure? In the recent decision of O'Connell v. Vainisi, LCR (May 29, 2015), the Land Court considered this question under the Cohasset zoning bylaw. Specifically, the Court considered the Plaintiffs' objection to the wall their neighbors, the Defendants, built as part of a renovation. A special permit allowed the renovation, but did not authorize the wall.
Read MoreAnyone looking for a refresher course on the topics of standing and merger with regard to zoning appeals is in luck. Yesterday, the Land Court issued its decision in Pitsick v. Lipsitt, 13 MISC 477862 (May 14, 2015), in which Judge Sands provided a comprehensive overview of both issues.
Read MoreIn a new decision today, the Massachusetts Supreme Judicial Court addressed the issue of whether judicial liens on real property remain valid after the owner of the property receives a discharge under Chapter 7 of the Bankruptcy Code. The Court held that where a bankruptcy "discharge only voids a judgment as to actions in personam, the liens resting on that judgment need not be invalidated, because the judgment is not void as to actions in rem."
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