North Andover Land Use & Zoning Lawyer, Massachusetts
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John Smolak
Commercial Real Estate, Land Use & Zoning, Real Estate, Environmental Law
Status: In Good Standing *Status is reviewed annually. For latest information visit here
East Mill, 21 High Street, North Andover, MA 01845
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LEGAL TERMS
DIVIDEND
A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash,... (more...)
A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash, though they may also be paid in the form of additional shares of stock or other property. The amount of a dividend is established by the corporation's board of directors; however, state laws often restrict a corporation's ability to declare dividends by requiring a minimum level of profits or assets before the dividend can be approved.
BREACH OF CONTRACT
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'
LIABILITY INSURANCE COVERAGE
Compensation to third parties who are injured or whose property is damaged due to the fault of the insurance holder. You may have liability insurance for your c... (more...)
Compensation to third parties who are injured or whose property is damaged due to the fault of the insurance holder. You may have liability insurance for your car or your home, or to cover actions you take in the course of your profession. Liability polices are sometimes called 'third-party policies.'
TESTAMENTARY DISPOSITION
Leaving property in a will.
GOODS & CHATTELS
See personal property.
NUISANCE
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, every... (more...)
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a 'public nuisance,' one affecting many people, while the other would be a 'private nuisance,' limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.
SPECIFIC PERFORMANCE
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the ... (more...)
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.
MECHANIC'S LIEN
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.
INCAPACITY
(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of abil... (more...)
(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of ability to understand one's actions when making a will or other legal document. (3) The inability of an injured worker to perform his or her job. This may qualify the worker for disability benefits or workers' compensation.
SAMPLE LEGAL CASES
Bjorklund v. Zoning Board of Appeals of Norwell
Prospect Street is winding with elevation changes. To the north of the plaintiffs' property are nine
homes containing an average of 2,638 square feet of living area, all located on lots that are at
least one acre. To the south of the property are fourteen homes containing an average of ...
Kitras v. Zoning Administrator of Aquinnah
1. Background. On March 29, 1999, the town's planning board nominated the entire town as
a DCPC. See St. 1977, c. 831, § 8. The commission voted on April 22, 1999, to accept this nomination
for consideration. [8] See id. On June 17, 1999, the commission designated the entire ...
Elles v. ZONING BOARD OF APPEALS OF QUINCY
As a general rule, an aggrieved litigant cannot as a matter of 674 right pursue an immediate
appeal from an interlocutory order unless a statute or rule authorizes it. Maddocks v. Ricker, 403
Mass. 592, 597 (1988), and cases cited. One narrow exception to this principle is where ...
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