Appeals court hears dispute over whether post-lease permits changed lease boundaries in Tresca Bros. case

The appeals panel on behalf of the Massachusetts Appeals Court heard argument in 24P1319, Tresca Brothers Sand & Gravel v. Eames Street LLC, over whether post‑lease building permits and recorded plans alter what the parties defined as the lease premises.

David Suny, counsel for Tresca Brothers, told the court that after ‘‘10 years of permitting’’ the company acquired permits and recorded plans that the landlord’s predecessor had signed off on, and those steps should be read into paragraph 1.02(c) of the lease because that paragraph expressly includes ‘‘licenses, permits, and other agreements.’’ Suny told the panel that ‘‘the permit runs with the land’’ and that the parties’ subsequent conduct (permitting, joint…