From time to time, title examiners and real estate practitioners come across deeds or other real property instruments that include clauses shocking to a modern reader. Through inattentiveness, sloppiness, or ignorance of the drafter, these clauses sometimes carry forward long after their legality has been voided. This clause, for example, is reported to have been included in a 2006 deed: “This land shall not be sold, leased, or rented to any person other than the Caucasian ra

In two class action suits consolidated at oral argument before the Supreme Judicial Court, DeCosmo v. Blue Tarp Redevelopment, LLC and Schuster v. Wynn Resorts Holdings, LLC, blackjack players took on the MGM Springfield casino (MGM) and the Encore Boston Harbor Casino (Encore) in a losing gamble. The plaintiffs argued that the casinos used an improper payout for their blackjack games. In DeCosmo, a Superior Court judge granted MGM’s motion to dismiss; the plaintiff appealed,

State and local governments sometimes find themselves enmeshed in litigation with public utility companies, particularly those in the energy sector, over the development of utility infrastructure for the transmission and distribution of natural gas and electricity. Such infrastructure projects range in size and complexity from small consumer-level distribution installations to large interstate pipeline and transmission line projects that span hundreds of miles. At the local l

New IGRs – DOR’s Division of Local Services has been busy. There are four new Information Guideline Releases of interest. IGR-2021-18 summarizes the law regarding the assessment of cluster development common land. IGR-2021-19 summarizes the law regarding the assessment of partially completed construction improvements in common areas of phased-unit condominium developments. IGR-2021-20 explains the local acceptance option to offer property tax abatements to qualifying seniors