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Real Estate Development (3)

SJC Rules Regulatory Taking Claim in Casino Dispute May Proceed to Discovery and Trial (but Not Impairment of Contract Claim)

Written by
/ Published Monday, 12 September 2022 13:03
An interesting, important and relatively rare decision from the Massachusetts Supreme Judicial Court is about regulatory taking (yes, Virginia, there is a valid claim for taking) and impairment of contract (no, sorry, there is no valid claim).

Appeals Court Rules Conservation Restrictions are Enforceable Against Violators for Monetary Damages, Not Just Equitable Relief Like Restoration and Replanting

Written by
/ Published Wednesday, 25 November 2020 14:36
In its August 10, 2020, decision in the case of Wellesley Conservation Council, Inc. v. Pereira (AC 19-P-753), the Massachusetts Appeals Court addressed the scope of enforcement options available to the holder of a Conservation Restriction (CR), in particular whether injunctive relief (like restoration and replanting) is the holder’s sole remedy for violations of the CR’s terms, or does it include money damages, too. The answer is yes to damages.

Updated Version of "Tips and Techniques for Buying and Selling Dirty Property" to be Presented at the Fall Conference for REBA

Written by
/ Published Friday, 14 September 2018 15:53
The firm's principal, Gregor I. McGregor, has updated his popular article on Buying and Selling Dirty Property, including a new section with example clauses as suggested wording for the many types of real estate contracts.

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