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Real Estate Development (7)

Massachusetts’ New Accessory Dwelling Unit (ADU) Law Now in Effect with Final Regulations

Written by / Published Thursday, 06 February 2025 16:39
Section 8 of the Massachusetts Affordable Homes Act (Chapter 150 of the Acts of 2024) amended Section 3 of the Massachusetts Zoning Act. This took effect on February 2, 2025, requiring municipalities to allow ADUs (900 or fewer square feet) as of right in most single-family residential zoning districts, with some important limitations.

Third Real Estate Permit Extension Act Enacted in Massachusetts

Written by / Published Wednesday, 27 November 2024 12:00
On November 20, 2024, Massachusetts Governor Maura Healey signed the “Act relative to strengthening Massachusetts’ economic leadership.” Also known as the “Mass Leads Act”, this comprehensive economic development bill includes provisions to again extend the life of many types of land use permits issued by municipal, regional, and state government.

Massachusetts’ New Accessory Dwelling Unit (ADU) Law: What Homeowners Need to Know

Written by / Published Tuesday, 26 November 2024 15:29
Massachusetts recently enacted a new housing statute that makes it easier for homeowners to create accessory dwelling units (ADUs) on their residential properties. These commonly were called “in-law apartments” but the new law allows much more.

McGregor Presents Regulatory Taking Update to Real Estate Bar Association for Massachusetts (REBA)

Written by / Published Tuesday, 10 January 2023 10:56
Firm founder and senior partner Gregor I. McGregor is honored to present as a webinar open to all REBA members his updated PowerPoint on the United State Supreme Court decisions on Regulatory Takings. He also is covering the leading cases from the high courts of states in the last couple of years.

SJC Rules Regulatory Taking Claim in Casino Dispute May Proceed to Discovery and Trial (but Not Impairment of Contract Claim)

Written by / Published Monday, 12 September 2022 13:03
An interesting, important and relatively rare decision from the Massachusetts Supreme Judicial Court is about regulatory taking (yes, Virginia, there is a valid claim for taking) and impairment of contract (no, sorry, there is no valid claim).

Appeals Court Rules Conservation Restrictions are Enforceable Against Violators for Monetary Damages, Not Just Equitable Relief Like Restoration and Replanting

Written by / Published Wednesday, 25 November 2020 14:36
In its August 10, 2020, decision in the case of Wellesley Conservation Council, Inc. v. Pereira (AC 19-P-753), the Massachusetts Appeals Court addressed the scope of enforcement options available to the holder of a Conservation Restriction (CR), in particular whether injunctive relief (like restoration and replanting) is the holder’s sole remedy for violations of the CR’s terms, or does it include money damages, too. The answer is yes to damages.

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