Tag Archives: Permissive

Massachusetts Landowner Defeats Prescriptive Easement Claim by Demonstrating Permissive Use of Driveway

One of the most important factors in a Massachusetts prescriptive easement claim is whether the claimant’s use of the property was permissive or adverse.  The Land Court recently addressed this issue when deciding an April 5, 2019 case.  The plaintiff … Continue reading

Posted in Real Estate & Property Law | Tagged , , , , , , , , | Leave a comment

Factors relevant to court’s decision on permissive abstention: How does a bankruptcy court determine whether an adversary proceeding is a “Core Proceeding”?

Courts will consider several factors when determining whether to permissively abstain under 28 U.S.C. § 1334(c)(1) from hearing a proceeding, including: (1) the effect of abstention on the efficient administration of the bankruptcy estate; (2) the extent to which state … Continue reading

Posted in Bankruptcy Law | Tagged , , , , , , , , , , , , | Leave a comment

More Permissive Zoning Codes Could Make U.S. Workers Richer

Someone struggling to pay rent in Philadelphia does not care whether the San Francisco Board of Supervisors grants a permit for a new apartment building in San Francisco’s Russian Hill neighborhood. But maybe they should. According to a recent paper, … Continue reading

Posted in Administrative law | Tagged , , , , , , | Leave a comment