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October 2014 Archives

EASEMENT DISPUTES & LIS PENDENS

Let's say you and a neighbor are in dispute about whether you've got a valid easement to cross over his property. Suppose the disputed portion of land is a dirt path that you need to use in order to access the boat launch at the pond shared by all the homes in your neighborhood. You assert that you have a right to travel on this dirt path. He disagrees, and even goes so far as to put up a locked gate across the path thereby blocking your access.

Phillips & Angley Wins Appeal in Permanent Injunction Case

On October 8, 2014, the Massachusetts Appeals Court handed down its decision in Great Woods, Inc. v. Clemmey, Docket No. 13-P-1817, through a Memorandum and Order Pursuant to Rule 1:28. In that unpublished decision, the Appeals Court panel (Kantrowitz, Grainger & Hanlon, JJ.) vacated the Order of the Middlesex Superior Court, Tuttman, J., (1) clarifying that a 1996 permanent injunction remained in full force and effect, notwithstanding the fact that its beneficiary, Plaintiff, Great Woods, Inc., no longer exists; and (2) denying relief to Clemmey under Mass. R. Civ. P. 60(b)(5).

ANR PLAN ENDORSEMENT: WHEN A PLANNING BOARD (TRIES TO) APPEAL ITSELF

The recent Land Court case of Georgetown Planning Bd. v. Georgetown Planning Bd., 2014 WL 3555971, 13 MISC 480712 (KCL) (Mass. Land. Ct. 2014), is perhaps one of the more "creative" ways around trying to undo a constructive endorsement of an ANR (Approval Not Required) plan. It ultimately was also not successful.