In a November article I discussed the pending Supreme Judicial Court case Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC.  You can read the full article here, but the essential issue is whether condominium bylaw provisions limiting a condominium board’s ability to initiate litigation should be void, either because such provisions

The Supreme Judicial Court (SJC) recently turned its attention back to affordable housing under the state’s comprehensive permit law, M.G.L. c. 40B, §§ 20-23 (Chapter 40B).  Since a high point in 2008, when it decided four Chapter 40B cases, the SJC has been relatively quiet on this subject.  Quiet, that is, until the past few weeks, when the

The Supreme Judicial Court (SJC) today issued a decision in Regis College v. Town of Weston (pdf), a case that (someday) will add to the existing body of Massachusetts law under the so-called Dover Amendment – the provision in the state’s Zoning Act that exempts qualifying educationalGranny Grad and religious uses from most local zoning regulations.

In 2005, Regis College, located in Weston, Massachusetts, proposed “Regis East,” an

Greek windmills.jpg

In a year-end decision, the Massachusetts Supreme Judicial Court (SJC) approved a deal between Cape Wind and National Grid allowing National Grid to purchase, for 15 years, half the power generated by the controversial proposed wind farm.  The deal was approved by the Department of Public Utilities (DPU) in 2010.  Opponents of the deal asserted that the purchase

In the Superior Court case Adamson v. MERS, the plaintiff foreclosed-on borrower is challenging the foreclosure on several grounds.  The defendant mortgage lender and its loan servicer recently moved to dismiss the case, and in an interesting decision (pdf), Rackemann alum Judge Raymond Brassard allowed the motion to dismiss in part.  Most interestingly, Judge Brassard addressed the

On January 7, 2010, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in U.S. Bank National Association v. Ibanez  (pdf).  The SJC affirmed a trial court ruling that, to validly foreclose a mortgage, the foreclosing party must actually hold the mortgage at the time of foreclosure.

Ibanez is really two cases with almost identical facts and legal