Q: Can any board member place items on the meeting agenda? (C.B., via e-mail) A: This is one of those "chicken and egg" issues that has no clear answer. The statutes do not address it. Very few bylaws I have read address the issue. The bylaws I draft for clients typically allow a set number of directors (not less than one but usually less than a majority) to require that an issue be placed on [...]
Not your average game of patty-cake! Earlier this week, New York's First Department, Appellate Division issued its decision related to 200 Amsterdam,1 overturning the lower court's decision which would have required 200 Amsterdam to remove several floors of its building in order to comply with zoning. The lower court determined that the NYC Zoning Resolution did not permit a developer to utilize a portion of a tax lot to merge with a neighboring zoning lot. Known as the [...]
Highlights In its Business Litigation Session, the Massachusetts Superior Court granted partial summary judgment in favor of a commercial tenant café, holding that its payment obligations were discharged for the period of time when on-premises consumption of food and beverages was prohibited due to Gov. Charlie Baker's COVID-19 orders. Relying on an express lease provision limiting the tenant's use of the premises to the operation of a café, and interpreting the lease as not allocating [...]