Court to Hollister – Tear Down That Entryway Stair
The staircase entry to a Massachusetts Hollister retail shop was found to be an architectural access barrier. Take it down the Board said. The store appealed, arguing that people with physical challenges could easily get in through another, near-by entrance. A brief and commentary about the decision in Massachusetts Appeals Court is here. The store… Read More »Court to Hollister – Tear Down That Entryway Stair
Court Protects Lenders From Local Foreclosure Ordinance
Local Rules Go Too Far Massachusetts’ Supreme Judicial Court stopped enforcement of a local ordinance aimed at cleaning up problems caused by empty, foreclosed properties. Despite the blight resulting from loose lending in Springfield Massachusetts, sometimes called the City of Neighborhoods, the rules enacted by the city to govern foreclosing owners would have disrupted more… Read More »Court Protects Lenders From Local Foreclosure Ordinance
Court mulls whose rules govern private helicopter landing sites
Massachusetts’ top court had to decide - whose rules rule private helicopter landing sites. In Roma III v Board of Appeals of Rockport SJC 12278 (20018), the town of Rockport's zoning rule required people wanting to set up private heliports on land in town, to get a special permit. The landowner had a house on… Read More »Court mulls whose rules govern private helicopter landing sites
Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
J.M. HOLLISTER LLC v ARCHITECTURAL ACCESS BOARD 83 Ma App Ct 513 (2013) FACTS Hollister sold clothes from a store in a mall. The retailer replaced the accessible mall level entrance with two adjacent doorways and it constructed a ‘porch’ two steps up and back down leading into the store. On either side of the… Read More »Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
Court Bounces Insurance Claim for Cost of Fixing Gym Floor
The Windsor School (Owner) hired the contractor (LKC) to build a new gymnasium. LKC hired a subcontractor to lay the floor. Within months of completion, the architect notified the contractor of flooring deficiencies. Lee Kennedy Co. v. Arch Insurance Company, Dist. Court, D. Massachusetts 2019 When the contractor held the sub’s retainage, the sub sued.… Read More »Court Bounces Insurance Claim for Cost of Fixing Gym Floor
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