Argument: October 2010

Keywords: Damages - Energy - Real Property - Takings - Zoning

Question Presented: How should a plaintiff prove damages from a taking based on a development plan that is currently barred by statute?

Facts: The defendant water authority took property by eminent domain from the plaintiff energy company to build a sewer relief system. Market value was paid based on anticipated industrial uses. The …

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Argument: September 2010

Keywords: Foreclosure - Real Property

Question Presented: Whether banks, trustees in mortgage securitization schemes, could foreclose on properties some ten to fourteen months before they acquired explicit mortgage assignments from the original mortgagees.

Facts: The plaintiffs, two banks, each foreclosed on properties in 2007, after advertising foreclosure sales. The banks purported to be “Present holder of said mortgage” in the notices, on the basis …

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Argument: September 2010

Keywords: Commercial Property - Landlord and Tenant - Real Property

Question Presented: Whether commercial landlords are required by G.L. c. 186, § 19 to repair unsafe conditions upon written notice, regardless of the terms of the lease.

Facts: The plaintiff tenant leased a commercial building from the defendant landlord to be used as a salon. During the lease, the tenant gave written notice to the landlord that the …

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Amicus due March 15, 2010 - Argument: May 6, 2010

Keywords: Affordable Housing - Local Government - Real Property

Question Presented: Whether a mortgage of real property is a “conveyance” triggering a reverter clause in the deed; whether the Board of Selectmen’s authorization to enter a deed requiring reverter on misuse of the property also authorized it to require reverter on conveyance.

Facts: The Board of Selectmen of the town of Dennis deeded a property to the Dennis Housing Authority (DHA) for the sum of $1, to be used for affordable housing. The …

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