Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

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

Tag Archives: merger

When Is It Too Late to Force a Neighbor to Cure a Zoning Violation?

Posted in Nonconforming Use, Police Power, Subdivision Control, Zoning
Section 7 of Chapter 40A contains a statute of limitations for actions by individuals and municipalities to compel the removal, alteration, or relocation of any structure due to a zoning violation.  In Bruno v. Zoning Board of Appeals of Tisbury, the Appeals Court considered when the statute of limitations commences based on a zoning violation… Continue Reading

Motive For Torching Of Spooner Road House Still A Mystery

Posted in Miscellaneous, Nonconforming Use, Zoning
For three years we’ve been following the saga of 81 Spooner Road, the Brookline property at the center of a contentious zoning dispute and, more recently, an arson investigation.  See our original post here, and our follow-ups here, here and here.  Now, a trio of Northeastern University journalism students under the supervision of their professor – former Boston Globe Spotlight Team editor… Continue Reading

Merger By Acquisition: Grandfathered Status Can Be Lost

Posted in Nonconforming Use, Zoning
In a decision that re-affirms its 2001 ruling in Preston v. Board of Appeals of Hull, the Appeals Court last week held that the grandfathered status of a lawful pre-existing nonconforming lot is not perpetual, and can be lost if the lot later comes into common ownership with adjoining land.  In such circumstances, the adjoining lots merge to the extent necessary to eliminate… Continue Reading

Doctor, Doctor, (Don’t) Give Me the News: Appeals Court Diagnoses “Infectious Invalidity”

Posted in Nonconforming Use, Standing, Zoning
While many legal doctrines have poetic names (ancient lights, fruit of the poisonous tree), few are as vivid as “infectious invalidity.”  At its simplest, this land use doctrine holds that an owner of an existing lot that is legally non-conforming with zoning (say, because it doesn’t meet increased lot area requirements) who also owns adjoining land cannot lawfully create a… Continue Reading