On August 10, 2015, the Massachusetts Appeals Court issued decisions in favor of the Town of Essex in two important cases involving claims brought by tenants renting Town-owned property in a waterfront area known as “Conomo Point”. In the first case, Touher v. Town of Essex, a group of tenants alleged that they were the owners of structures built on the Town’s land and that the Town should compensate them for the value of those structures at the end of their leases. In the second case, Walker v. Town of Essex, tried as a class action, the tenants claimed the Town violated a special act of the Legislature by charging them rents that exceeded the fair market rental values of the property. Attorneys Corbo, Blake and Austin worked tirelessly in both cases to successfully demonstrate the validity of the Town’s position. As a result of their considerable efforts, the Appeals Court affirmed the Town’s position and preserved the resources of the Town by protecting a source of significant revenue and absolving it from liability.
