Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Tag Archives: order of conditions

Certiorari Appeal Timeline Is A Trap For The Unwary

Posted in Miscellaneous, Wetlands
In an “unpublished” decision in the case of Carney v. Town of Framingham (pdf) (further appellate review denied), a panel of the Appeals Court ruled that the statutory 60-day period for filing a certiorari appeal starts on the date the administrative agency takes its “last administrative action” – in this case a vote – not when the agency later reduces its decision to writing. M.G.L. c. 249,… Continue Reading

Appeals Court Awards Attorneys’ Fees To Developer Harassed By “10 Citizens” Group

Posted in Environmental, Miscellaneous, Wetlands
The Appeals Court recently awarded nearly $20,000 in attorneys’ fees – the full amount sought – to a developer whose project was delayed for several years by the serial appeals of a so-called “10 Citizens” group opposed to the project.  (Disclosure:  I am real estate counsel to the developer, and my colleagues Don Pinto and… Continue Reading

Lyon v. Duffy

Posted in Wetlands
Plaintiffs bought a single-family residence and learned after closing that the property was subject to a recorded Order of Conditions (OOC) that required a substantial amount of work on an ocean-facing coastal bank.  The prior owners had not completed the required work.  The plaintiffs sued their lender’s attorney, who had certified that they were receiving good title to the property.  The Appeals Court held… Continue Reading