Len Davidson Wins Case at Massachusetts Appeals Court
On March 17, 2011, the Massachusetts Appeals Court issued a ruling in favor of our client reversing the Land Court decision in the action of the City of Newburyport v. Woodman, et als. This case, having to do with our client’s proposed development of a parcel of real estate in Newburyport, reversed a Land Court decision, now paving the way for our client to move forward with the development process that had been held up a result of the litigation.
The case, involving the right of first refusal in conjunction with agricultural land, followed closely the precedent of Franklin v. Wyllie, 443 Mass. 187 (2005), a case that Len had previously argued and won at the Massachusetts Supreme Judicial Court. The Land Court judge in the Newburyport action had ruled that our client’s offer to purchase the real estate in question was not a bona fide offer as it contained contingencies involving a comprehensive permit under G.L. c. 40B for affordable housing.
The Land Court adopted the City of Newburyport’s argument that such an offer was not a bona fide offer to which the City would have to respond under its right of first refusal. The Appeals Court disagreed and reversed the Land Court, adopting our client’s argument that even though contingencies were contained in the offer, it was nevertheless bona fide. The Appeals Court decision restores out client’s rights under their agreement.
In its decision, the Appeals Court cited frequently to the Franklin v. Wyllie case that Len had argued successfully in 2005.