Stuborn is Alive and Well - New England Fund is a Subsidy for 40B

In a significant decision today, the Supreme Judicial Court, in upholding a Superior Court decision, parted with the Appeals Court analysis and expanded the understanding of a "Subsidy" for purposes of Chapter 40B affordable housing projects.  The SJC has wholly adopted the Housing Appeals Committee's finding in Stuborn Ltd. Partnership v. Barnstable Bd. of Appeals, Housing Appeals Committee, No. 98-01 (March 5, 1999)

In Stuborn, the Housing Appeals Committee had determined that the 40B sudsidy requirement needed to be read expansively and that the New England Fund (NEF), part of the Federal Home Loan Bank of Boston, a Federally subsidized banking consortium, qualified because it "had sufficient characteristics of a government agency to qualify as a Federal program."

When examining this issue on the first go-around, the Appeals Court twisted through some fabulous intellectual calisthenics in order to conclude that the NEF qualified because it is subsidized by the Federal government, and, consequently, could ultimately provide loans at a lower rate. 

The SJC, instead, wholly adopted Stuborn's expansive definition of a subsidy.

The case is Town of Middleborough v. Housing Appeals Committee, and the text of the Slip Opinion can be found HERE.

Comments

[Andy Weitnauer]

Hey Everyone,

I just wanted to give everyone a real estate tip for the new year. There is a new international real estate website called UniFersal.com. You can advertise your properties/listings for sale or rent for Free. There are already properties posted from 45 countries. You can advertise your real estate realted services for free: agents, brokers, mortgage, insurance, painters, etc.

You can communicate with potential buyers and other real estate related people via chat, message, email, etc. You can even make and receive offers electronically.

http://www.unifersal.com

Andy Weitnauer

[natural]

Buying International Real Estate
Andrew C. Weitnauer
1-2-2008

Have you ever thought about buying a second home in a foreign country? Most of us have spent a few minutes online drooling over some of these properties. However, most of us quickly let the dream fade away when we realize how complicated and risky this venture can be.

The hardest part about buying property abroad is that every country, state, and city has different rules and conventions. So to be smart about it we usually start by researching foreign ownership restrictions, tax ramifications, currency issues, etc. This can be very time consuming, costly, and may even lead to out dated and incorrect answers. Along with this, doubt usually sets in; what if the property is over priced and I’m the only idiot in the world who doesn’t know it?

The best way to purchase real estate in foreign places is to contact a trustworthy, local, real estate professional. A local real estate agent will be familiar with the market value of properties in the area you are searching, and they understand the local laws. Your next question is probably; how do I find a trustworthy local real estate agent?

There is a website called UniFersal.com,
http://www.unifersal.com/index.php . You can find properties, look at property pictures, and even chat, call, or message a pre-screened, local real estate professional who speaks your language and specializes in the particular city you are searching in.

UniFersal.com does a background check on all of the real estate professionals that would love to help you buy real estate in their city. They confirm the professional’s real estate expertise in that city, and even ask for references.

If you are serious about buying a property in a foreign country, don’t try to do it alone. Use the internet to drool over properties, then get serious and contact a local professional.

[Costa Rica Land]

Just checked the text for -- The case is Town of Middleborough v. Housing Appeals Committee--

Outstanding reading

[cheshire solicitors]

Definitely worth a read, this has cleared up lots of questions I had.

[driving offence solicitor]

This has answered many of the issues I've been concerned about.

[litigation jobs]

Thanks for the link, that cases makes for interesting reading.

[Danny Welsh]

Haven’t seen any posts to this blog lately but I happened across one of the old articles on the LCA Trust and I really liked it. Preservation of our domestic resources vs.international acquistion and development is an important cause. You should post to this blog more often!