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Claimants Need Not Record Complaints To Enforce Lien Dissolution Bonds Under
In a recent decision, the Supreme Judicial Court of Massachusetts (SJC) has held that a contractor seeking to enforce a lien dissolution bond under G.L. c. 254 § 14 need not record an attested to copy of its complaint with the Registry of Deeds.
United States
13 Jun 2019
Cities And Developers Must Prepare For Climate Change Now
In the wake of federal cuts, local governments and developers need to be proactive in addressing climate resiliency.
United States
28 Mar 2018
First Circuit Affirms US Park Service Designation Of Long Wharf Pavilion Area For Public Recreational Use
On September 23, 2016, the United States Court of Appeals for the First Circuit concluded that, "for now, at least, the long war over Long Wharf is at an end."
United States
6 Oct 2016
Developers Who Elect Not To Pay Comprehensive Permit Fees In Full Proceed At Their Peril
The Massachusetts Appeals Court issued an opinion that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B...
United States
20 Sep 2016
Educational Institutions Targeted In Fraudulent Payment Requests
Educational institutions should be aware of fraudulent request for payments from vendors.
United States
1 Sep 2016
Important Changes Resulting From New ALTA/NSPS Land Title Survey Standards
As a result of changes to item 6 of Table A regarding the provision of zoning information to the surveyor, the typical sequence of ordering surveys and zoning reports may need to change.
United States
15 Mar 2016
Vapor Intrusion: New Rules By The EPA (Video Content)
Jeff Porter discusses the significantly stricter guidelines by the EPA regarding vapor intrusion and what builders and developers need to know to be compliant.
United States
13 May 2015
The Supreme Judicial Court Declares That Inexpensive Market-Rate Housing May Not Be Counted In Determining A Town’s Compliance With Chapter 40B
On Tuesday, in Zoning Board of Appeals of Lunenburg v. Housing Appeals Committee, the Supreme Judicial Court soundly rejected a zoning board of appeals’ argument that inexpensive market-rate homes may be counted toward a town’s affordable housing obligations under Chapter 40B.
United States
15 Jan 2013
No More Opting Out Of Rule For Renovation Of Buildings Containing Lead Paint
The US Court of Appeals for the DC Circuit upheld the US Environmental Protection Agency’s removal of the opt-out provision for work that disturbs lead-based paint in pre-1978 housing.
United States
19 Jul 2012
Supreme Judicial Court To Consider Whether Cheap Market-Rate Housing Can Be Counted In Determining Compliance Of Towns With Chapter 40B
As mixed-income subsidized housing developments reach towns further from Boston, they are encountering a new form of resistance from municipal officials: an argument that the town has satisfied its obligation to provide affordable housing by the mere existence of market-rate housing priced comparably to the subsidized housing developer’s affordable units.
United States
28 Dec 2011
Primer For Construction Bankruptcies
In general, a company has two bankruptcy alternatives: liquidation under Chapter 7 and reorganization under Chapter 11.
United States
16 Dec 2011
Building Success Despite Failure
In today’s economy, we continue to see bankruptcies occurring in the construction sector.
United States
16 Dec 2011
Chapter 40B Safe From Yet Another Attack, For Now
In November 2010 the voters of Massachusetts soundly rejected a statewide ballot question ("Ballot Question 2") that, if adopted, would have repealed the Commonwealth’s affordable housing law, commonly known as "Chapter 40B."
United States
14 Sep 2011
Massachusetts Supreme Judicial Court Seeks Amicus Briefs On Pivotal Dover Amendment Case
The "Dover Amendment" is under examination, and parties affected by that statute—including educational and religious institutions, contractors and developers, and local zoning boards—have been invited to help the Court interpret its scope.
United States
27 Jul 2011
Green Building Newsletter
We are pleased to present the inaugural installment of Mintz Levin’s Green Building Newsletter, which will provide periodic updates and analyses of legal developments and issues related to green building.
United States
10 Jul 2010
Housing Advisory: Decision Clarifies That Chapter 40B Projects Can Be Built On The Underutilized Portion Of A Previously Developed Site
In the past several years, state housing agencies and regional and municipal planners have been encouraging “smarter growth” in Massachusetts, including the construction of new housing in developed areas close to existing infrastructure and services.
United States
20 Aug 2009
Real Estate Development Advisory: Massachusetts Court Rules That An I/I “Fee” For Sewer Connections Is Actually An Illegal Tax
More than $670,000 has been returned to developers of new properties in Saugus, thanks to a recent decision by the Massachusetts Superior Court.
United States
8 Jul 2009
Housing Advisory: DHCD Denies Town Planned Production "Safe Harbor" Under New 40B Regulations
In a ruling significant because it applies a brand new regulatory procedure, the Massachusetts Department of Housing and Community Development has ruled that the Town of Wareham is not entitled to deny or condition a developer’s comprehensive permit under the Planned Production “safe harbor.”
United States
15 Oct 2008
Housing Advisory: SJC Issues Two Decisions Concerning When To Count To 10% Under Chapter 40B
Chapter 40B says that once a municipality is deemed by the Department of Housing and Community Development to have 10% or more of its overall housing stock comprised of "countable" subsidized housing, the city or town may then deny a new comprehensive permit application without fearing a developer appeal.
United States
7 May 2008
Housing Advisory: SJC Rules That Chapter 40B Allows Commercial Use Within An Affordable Housing Development
Affirming the “flexibility” that the legislature built in to Chapter 40B, the Supreme Judicial Court has ruled that a comprehensive permit can authorize not only housing, but in the some cases “incidental commercial uses” in a housing development
United States
13 Jan 2008
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