RIW’s Adam Gutbezahl was recently quoted in Massachusetts Lawyers Weekly on the Appeals Court’s decision in Filzer v. Pitsick.
The case arose from a dispute between a Newton home builder and abutters after zoning permits were revoked. Although the parties reached a settlement while the matter was pending in Land Court, they failed to inform the court. When the Land Court later issued a decision, the builder attempted to walk away from the settlement, arguing it was impossible to perform.
Commenting on the case, Adam noted that there is no rational reason to withhold notice of a settlement from the court. “I just can’t fathom a situation where you would want to conceal from the court that you’ve entered into a settlement agreement that would resolve the issue,” he said. “Especially in the Land Court, which has such finite resources and so many cases.”
