PrintReal property
Registration
Where the plaintiff seeks to register title to a parcel of Carver land, I find that he should be allowed to do so because he has met his burden of proving "that he has title proper for registration to the land shown on [a certain] 'Baker Plan' as against the defendant and all persons. "
Baker v. Mazzilli, trustee, et al. (Lawyers Weekly No. 14-153-09) (11 pages) (Scheier, C.J.) (Plymouth Land Court) (Docket No. 970REG-432290-KFS) (Dec. 23, 2009).
Real property
ANR - Way
Where the Douglas planning board denied an application for an "approval not required" endorsement, the board should be awarded summary judgment with respect to a challenge to its decision filed by the plaintiff because the road that provides frontage to the proposed lot was not a "way in existence" at the time the Subdivision Control Law was adopted by the town.
Lussier v. Mungeam, et al. (Lawyers Weekly No. 14-154-09) (9 pages) (Trombly, J.) (Worcester Land Court) (Case No. 08 MISC 383611) (Dec. 23, 2009).
Zoning
Building permit - Standing
Where the plaintiff federal government, which owns Cape Cod National Seashore property abutting a defendant's property on the north, south and east, has appealed a zoning board decision granting the defendant a building permit to reconstruct a single-family dwelling on a parcel of registered land, I hold that the appeal cannot go forward because of the plaintiff's lack of standing.
"Defendant [Blasch Del Mar, LLC] effectively rebutted the Plaintiff's presumption of standing by providing facts that Plaintiff cannot support its alleged injuries with specific facts or demonstrate that a supported injury is within the protection of the Town of Wellfleet Zoning By-laws. In response, Plaintiff did not convince the court that the directive of the Cape Cod National Seashore or the interests of the Wellfleet Conservation Commissioner are interests protected by the Zoning By-laws. Moreover, Plaintiff failed to produce specific facts which tend to show that the New House is a threat to cause damage to the Cape Cod National Seashore property in the vicinity resulting from surface instability or disruption of eolian transport of sand, or demonstrate how the property in the vicinity is harmed by the alleged impact of the New House on the scenery of the area or how such impact is particular to the Plaintiff. In accordance with the foregoing, the Plaintiff's Motion for Summary Judgment is hereby denied, and the Defendant Blasch's Cross-Motion for Summary Judgment is allowed. "
United States v. Drucker, et al. (Lawyers Weekly No. 14-155-09) (16 pages) (Trombly, J.) (Suffolk Land Court) (Case No. 08-MISC-382185-CWT) (Dec. 28, 2009).
Zoning
Conversion and extension special permits
Where the defendant Newburyport zoning board denied the plaintiffs' special permits for the conversion and alteration of certain premises, the board acted impermissibly, as the plaintiffs met the requirements of the local ordinance.
Matter remanded for issuance of the subject permits.
J Field Properties LLC, et al. v. Ramsdell, et al. (Lawyers Weekly No. 14-158-09) (14 pages) (Sands, J.) (Land Court) (Docket No. 08-MISC-389953-AHS) (Dec. 30, 2009).
