Real Estate Litigation

Law of the Land Newsletter

The Law of the Land monthly newsletter is meant to keep readers informed about current property law issues in Massachusetts and elsewhere. A team of Goulston & Storrs real estate litigators reports on recent cases and important news relevant to the real estate industry. 

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Volume 1, Issue VI 

A New York court recently held that a retailer’s closure due to a state law imposed as a result of the COVID-19 pandemic did not excuse the retailer of its obligations to pay rent. In contrast, the same court recently infused the common law defense of frustration of purpose with new life by denying a plaintiff landlord’s motion for summary judgment to collect overdue rental payments from a defendant commercial tenant. 

Volume 1, Issue V

Among other interesting matters, this month's issue of Law of the Land reviews a recent decision involving Simon Malls, Abercrombie & Fitch, and a lease agreement that was signed just days before the pandemic hit the United States.

Volume 1, Issue IV

In a recent decision, the Massachusetts Supreme Judicial Court held that a private electric company’s proposed use of a right of way was not a public use, and therefore that the doctrine of prior public use did not preclude defendant Massachusetts Bay Transportation Authority from entering into an option agreement with the electric company for an easement underneath a disused right of way. This decision is extremely important to public landholders across Massachusetts as it provides certainty to such parties that the “prior public use” doctrine applies only to transfers concerning public entities, not to transfers between public and private entities.

Volume 1, Issue III

Our latest issue of Law of the Land includes questions of the constitutionality of eviction moratoriums, how the courts view a liquor license in a Boston landlord/tenant dispute, and a class action case filed by restaurateurs against the governor of New York. 

Volume 1, Issue II

The August issue of Law of the Land includes a summary of the final result of the Murchison case, for which Alana and Gary wrote an amicus brief, case summaries of note, including decisions regarding the powers of multiple local zoning boards, and relevant recent industry news updates.

Volume 1, Issue I

After much anticipation, we have officially launched Law of the Land, a real estate litigation newsletter. The newsletter will feature trends, case summaries, news alerts, upcoming events, recent publications and other relevant updates in the real estate sector.