|Appeals Court Confirms That a Government Building Has the Status of a Pre-Existing Nonconforming Structure When Transferred to a Private Party|
Practice: Litigation, Real Estate, Real Estate Litigation
|PDF||In Gund, et al. v. Planning Board of Cambridge, et al., No. 15-P-1339 (Mass. App. Ct. July 19, 2017), neighbors of the former Sullivan Courthouse in Cambridge challenged special permits granted by the Cambridge Planning Board to a developer to convert the Courthouse into a 20-story mixed-use building. As a governmental building, the Courthouse was not subject to zoning laws when built due to the principle of sovereign immunity. The Planning Board authorized the conversion of the Courthouse by the private developer based upon the view that the Courthouse would be entitled to statutory protections as a pre-existing nonconforming structure after being sold by the government to the private developer. The Land Court upheld the Planning Board’s decision on summary judgment, holding that the Courthouse is entitled to the protections of a pre-existing nonconforming structure under M.G.L. c. 40A, Section 6 after sovereign immunity ends.
The developer was represented by Kevin O’Flaherty and Mariana Korsunsky of Goulston & Storrs PC.
| T&E Litigation Newsletter- 6/28/17|
Practice: Probate & Fiduciary Litigation
|In Roth v. Newpol et al., 91 Mass. App. Ct. 699 (May 31, 2017), the Appeals Court considered whether a residuary clause in a decedent’s last will and testament disposing of "any monies remaining in [her] estate" encompassed her one-half interest in a house in Boston where her brother lived before his death.|
|Extended Again: No Policy Changes for EB-5, For Now|
Practice: EB-5 Financing
|The EB-5 Regional Center Program has received yet another extension, this time through September 30, 2017. The Program has been similarly extended, with no change in policy, on multiple occasions since its previously scheduled expiration date of September 30, 2015. |