Notable Decisions

The following is a sampling of significant issues Englander & Chicoine, P.C. has addressed in the courts over the years.

New and Notable Decisions

Foreclosing Lenders’ Duties to Holders of Affordable Housing Covenants

“Englander & Chicoine P.C. and foreclosure expert, Attorney Paul Collier, representing Boston Redevelopment Authority d/b/a Boston Planning and Development Agency (“BPDA”), successfully defeated Motions to Dismiss filed by Boston Private Bank and Trust Company (“Boston Private”) and Janet Blake, Trustee of the 21 Warren Street Realty Trust (the “Trust”), in

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Boston Redevelopment Authority d/b/a Boston Planning and Development Agency v. Boston Private Bank and Trust Company et al.

Englander & Chicoine P.C. and foreclosure expert, Attorney Paul Collier, representing Boston Redevelopment Authority d/b/a Boston Planning and Development Agency (“BPDA”), successfully defeated Motions to Dismiss filed by Boston Private Bank and Trust Company (“Boston Private”) and Janet Blake, Trustee of the 21 Warren Street Realty Trust (the “Trust”), in

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Marchese v. Boston Redevelopment Authority

Englander & Chicoine represented the Boston Redevelopment Authority, now known as the Boston Planning and Development Agency (“BPDA”), in a case recently decided by the Suffolk Superior Court, involving the right to operate concessions on Yawkey Way in the Fenway area of Boston. The decision allows the Red Sox to

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Sanjoy Mahajan v. MA DEP and the BRA

In a March 15, 2013 ruling, the Supreme Judicial Court held that Long Wharf in Boston may be developed in accordance with the Boston Redevelopment Authority’s urban renewal plan, and is not a park subject to a two-thirds legislative vote under Article 97 for changes to lands taken for conservation

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Alford et al. v. Boston Zoning Commission et al.

The Massachusetts Court of Appeals affirmed a summary judgment ruling in favor of our client, the Boston Redevelopment Authority (BRA). The decision analyzes the BRA’s role in connection with a special zoning amendment known as an Institutional Master Plan. The BRA performed a multi-year comprehensive review of all aspects of

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Beach Rights

Weiss v. Kevorkian, Leahy v. Brown, Leahy v. Graveline

In all three of these cases, the courts addressed beach rights in a seashore subdivision known as Hyannis Park.   The courts affirmed the existence of an implied easement benefitting all backlot owners to use the beach.  The courts relied in large part on advertisements from the 1890s as evidence of

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Massari v. Mindrebo

A unique case involving claims by upland owners that aquaculture on the tidal flats constitutes a trespass.  The Appeals Court upheld the trial court ruling that, on the facts presented, a Land Court registration decree severed the tidal flats from the upland.  Because the upland owners could not prove title

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Klink v. Valovcin

The Land Court reviewed the Colonial Ordinance of 1641 in this case involving claims by multiple backlot owners to use the beach in a seashore subdivision known as Silver Spring.  The Land Court found the backlot owners had established an easement by prescription to use a stairway to the beach

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Employment Law

Patriarca v. Center for Living & Working, Inc.

An important interpretation of Rule 4.2 of the Massachusetts Rules of Professional Conduct, which governs communications with persons represented by counsel, as applied to the employees of an adverse corporate party.  Upon grant of application for direct review, the Supreme Judicial Court held that all current and former employees of

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King’s Faire Inc. v. Strickney et al.

An analysis of an agreement not to compete in the unusual context of performing arts.  The court declined to enforce a non-competition clause which lasted two years and covered six states because it was an attempt to prevent legitimate competition by a former employee.  The court considered the geographic scope

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McKinney v. National Dairy Council

One of the earliest cases to establish the implied covenant of good faith and fair dealing in at-will employment relationships under Massachusetts law.  The federal District Court held that the employer violated the implied covenant where the determining factor in the employer’s decision to terminate employment was the employee’s age.

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Land Use

Rosenfield v. Joshi

A creditor attempted to partition a property in satisfaction of an alleged 1975 sheriff’s sale of the wife’s interest.  However, under the pre–1980 common law tenancy by the entirety, a wife could not convey a valid interest except by the express written deed of both husband and wife.  Because at

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Hyde Park Liquors, Inc. et al. v. Nahabedian et al.

In a dispute over the rights to use a passageway, the Land Court addressed the elements of extinguishing an easement of record and whether there is a right to park in a passageway.  The Land Court held that there is no express or implied right of servient estate owners to

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Municipal Zoning

Sanjoy Mahajan v. MA DEP and the BRA

In a March 15, 2013 ruling, the Supreme Judicial Court held that Long Wharf in Boston may be developed in accordance with the Boston Redevelopment Authority’s urban renewal plan, and is not a park subject to a two-thirds legislative vote under Article 97 for changes to lands taken for conservation

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Pollard et al. v. Boston Redevelopment Authority et al.

One of only a handful of cases evaluating the BRA’s actions in approving a Chapter 121A project.  The development at issue is a mixed use complex in Jamaica Plain providing medical treatment facilities and low income housing for homeless people.  The Appeals Court upheld the Superior Court dismissal of the

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Galvin et al. v. Boston Redevelopment Authority et al.

The Superior Court analyzed the Boston Redevelopment Authority’s (BRA’s) role in connection with the review and adoption of a special zoning amendment known as an Institutional Master Plan.  The BRA performed a multi-year comprehensive review of all aspects of Boston College’s plans to expand its academic, athletic, and housing facilities

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