Tag Archives: abandonment

Non-Conforming House Loses Grandfather Status Due to Abandonment Under Local Massachusetts Bylaw

Many of the old homes in Massachusetts were built before the current local zoning bylaws were enacted.  In many situations, the bylaws exempt these homes from a particular regulation by grandfathering them.  In a February 21, 2019 case, the Massachusetts Land Court … Continue reading

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Termination of North Carolina Parental Rights for Willful Abandonment

Can the court terminate a parent’s rights for willful abandonment of the children? Are there steps a parent estranged from his child can take to ensure this doesn’t happen? In a recent North Carolina appellate decision, the court considered willful … Continue reading

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Fifth Circuit Holds Contract for Plug and Abandonment Work Qualifies as “Maritime” Under the Doiron Test

This past January, the Fifth Circuit in In re: Larry Doiron, Inc., 879 F. 3d 568 (5th Cir. 2018), overruled the six-factor test it had distilled in Davis & Sons v. Gulf Oil Corp. to determine whether a contract is … Continue reading

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The GOP's abandonment of free speech is almost complete

It would be sad if it weren’t so predictable. One has to remember the Federalists, the ones who pushed through the Constitution over the Articles of Confederation, almost immediately rejected the notion of free speech within the First Amendment a … Continue reading

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Abandonment, Vacancy, Default – How Are These Related?

PrintDoes a tenant have a duty to occupy the leased space? No, not unless the lease requires it to do so. So, what should a lease say in that regard? We begin by contrasting two terms, vacate and abandon. What … Continue reading

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