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June 2013 Archives

COUNTEROFFERS, CONDITIONAL ACCEPTANCES & REJECTIONS, OH MY!

A recent Land Court case, while not binding authority, reminds us yet again of how much the forming of a valid contract for the sale of land hinges on the language communicated by and between the parties during the offer and acceptance phase.

HISTORIC NEW ENGLAND STEWARDSHIP EASEMENT PROGRAM

The age of Massachusetts lends itself well to preservation easements. These kinds of easements, also referred to as preservation restrictions, create tax and other benefits for owners of historic properties in exchange for certain restrictions that will protect and preserve the historical and architectural significance of relevant structures and/or landscape features.

A CASE TO WATCH (UPDATE): Arlington, TX v. FCC

In January we featured a short post about City of Arlington, Texas v. FCC, 668 F.3d 229 (5th Cir. 2012), an interesting case pending before the U.S. Supreme Court, involving administrative law and the Chevron doctrine. Incidentally, the secondary, underlying substantive issue in the lower court related to the Federal Communications Commission's (FCC) definition of a "reasonable period of time" for the local board to issue a decision for siting a telecommunications tower under the federal Telecommunications Act of 1996. The City of Arlington ultimately challenged the FCC's interpretation of what that timeframe should be, which the FCC had issued via a declaratory ruling in 2009.*