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Court Overturns Town’s Attempt to Stop Development

When the Town of Oak Bluffs stopped our client’s development of two adjoining parcels of land, our Real Estate Development team brought suit in Dukes County Superior Court.  Our team quickly filed a summary judgment motion and the court ruled against the Town. In upholding the property owner’s rights to construct, the court found that (i) Oak Bluffs had failed to comply with the deadline requirements of M.G.L. c. 111 § 31E and that (ii) adjoining lots separated by a “paper street” had not merged by operation of law. See Salkin v. Town of Oak Bluffs, Dukes County Superior Court, CA No. 2011-00013.


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