Massachusetts Appeals Court Affirms Cleanup Option with Activity and Use Exemption and No Award for Diminution in Value

August 28, 2024
Giselle F. Mazmanian, Esq.
MGKF Litigation Blog

This month, in Markmik, LLC v. Packer (unreported decision, No. 23-P-736), the Massachusetts Appeals Court affirmed a trial court’s finding that a less expensive cleanup option requiring buyers to accept an activity and use limitation (“AUL”), with no diminution in value damages, was appropriate given a guaranty by sellers that was silent about the level of cleanup committed to.

Read the full blog post. 

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