Commercial landlords look to Mirick O’Connell for practical advice on managing their properties and their tenant relationships. We counsel and represent commercial landlords in general corporate matters, property acquisition and financing, lease negotiation and drafting, and litigation matters related to commercial leases and subleases for office, retail, biomedical and R&D space. The Firm also represents commercial landlords, including retail mall owners and managers, in bankruptcy cases throughout the United States.
- Represented numerous commercial landlords in national retail bankruptcy proceedings, including Linens ‘N Things, Tweeter, Bombay Company, and Ritz Camera, Hollywood Video, Buffet Holdings and Alpha Omega Jewelers.
- Negotiated agreements with debtors and liquidating agents in connection with going-out-of-business sales in significant retail bankruptcies including Linens 'N Things, Whitehall Jewelers, Ritz Camera, Sharper Image and KB Toys.
- Successfully opposed an attempt to assign leases to undesirable tenant in the Ground Round bankruptcy proceeding.
A Classic Distinction Between Legal Remedies and Equitable Remedies: 1st Circuit Overturns Decades-Old Precedent On Citizen Enforcement of Clean Water Act
The First Circuit recently overturned a thirty-one year old decision on citizen enforcement of the Clean Water Act (CWA). The now-overruled decision is North and South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), in …[ load webpage to read more ]
Municipal Law: Supreme Court Lightens Up On Standard of Review for Certain Sign Bylaws
Recently, the Supreme Court addressed a challenge from two private entities related to the constitutionality of a sign bylaw (“Bylaw”) instituted by the City of Austin (“City”). In City of Austin v. Reagan National Advertising of Austin, LLC, et. al., …[ load webpage to read more ]
“A Trap for the Unwary:” Bankruptcy Court Declares Debtor’s Homestead Deficient
In In re Luu, Danny Luu (the “Debtor”) argued that he had a homestead exemption in the amount of $324,960.00. He argued that because he filed a homestead declaration on March 18, 2021—just two days prior to filing his Chapter …[ load webpage to read more ]
State’s Highest Court to Determine Scope of Dover Amendment Solar Protection in M.G.L. c. 40A
Last week, the SJC heard oral arguments for a case that is anticipated to potentially impact municipal zoning, specifically in the realm of solar energy projects. The outcome of this case will either aid or inhibit a municipality’s ability to …[ load webpage to read more ]
Remote Public Meetings Authorized Through April of 2022; New Law Extends Additional COVID-19 Emergency Rules
Public bodies may continue to hold remote meetings through April of 2022 under new legislation enacted this week. The statute, Chapter 20 of the Acts of 2021, authorizes a quorum of a board or committee to meet remotely and require remote …[ load webpage to read more ]
Municipal Permitting Timelines Resume on December 1
Effective December 1, municipal boards must follow the usual permitting deadlines following a COVID-19 statute enacted last week. Towns and cities had been operating under Section 17 of Chapter 53 of the Acts of 2020, which tolled the deadlines for commencing …[ load webpage to read more ]
Important Update – The Impact of Coronavirus on the Construction Industry
Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice. Here is an update, as of …[ load webpage to read more ]
The Impact of Coronavirus on the Construction Industry
The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction. First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind. We are …[ load webpage to read more ]
Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency
Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …[ load webpage to read more ]
SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed
All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way. Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act. To successfully challenge …[ load webpage to read more ]
PFAS Concerns Mounting for Cities and Towns as MassDEP Proposes Maximum Contaminant Level in Drinking Water
Many of our readers will be aware that on December 27, 2019, the Massachusetts Department of Environmental Protection (MassDEP) proposed a Maximum Contaminant Level (MCL) for PFAS in drinking water of 20 parts per trillion (0.02 ug/L or ppt) for six PFAS …[ load webpage to read more ]
Building the Boroughs: A Year in Review
In 2019, Mirick O’Connell’s permitting attorneys were proud to help our clients, large and small, with local approvals in Marlborough for 6 great projects. Thank you to our clients and the City of Marlborough for a wonderful year! Click here …[ load webpage to read more ]