Davis, Malm & D'Agostine P.C. Attorneys at Law - Boston Law Firm: J. Gavin Cockfield

Practice Focus and Experience

J. Gavin Cockfield practices in the Litigation Group and the Land Use and Real Estate Group. He advises developers and individuals with respect to the permitting of development projects including zoning, subdivision, and related work at the municipal, trial and appellate levels. Gavin regularly assists clients to resolve issues concerning commercial, business, property rights, property use and acquisition, landlord/tenant, and condominium matters before reaching litigation. When litigation is unavoidable in such disputes, he represents clients throughout the entire litigation process and before the appropriate forums.

Gavin has successfully represented clients before municipal boards, the various trial courts of the Commonwealth, the Massachusetts Appeals Court, and the Massachusetts Supreme Judicial Court.

Representative Reported Cases

Kurker v. Shoestring Properties Limited Partnership, 68 Mass. App. Ct. 644 (2007) - Successfully overturned decision of trial court on appeal and obtained order requiring adverse party to convey marina property to client.
Haufler v. Zotos, 446 Mass. 489 (2006) - Successfully represented property owner in statutory civil rights claim where the client's neighbor had interfered with client's right to use and develop his property.
McLendon v. Town of Stockbridge, 68 Mass. App. Ct. 1106 (2006) - Successfully represented client in establishing that local zoning by-law allowed renovation of mill building for residential use.
Weston Design v. Rojik, 67 Mass. App. Ct. 1103 (2006) - Successfully represented client in establishing that restrictive covenant was not enforceable and did not bar development of large residential subdivision.
Murphy v. Olsen, 63 Mass. App. Ct. 417 (2005) - Successfully represented various lot owners claiming beach and access rights over nearby subdivision where such rights were not expressly granted or reserved in conveyances.
KinderCare Learning Centers, Inc. v. Town of Westford, 62 Mass. App. Ct. 924 (2004) - Successfully represented client by obtaining determination at trial and on appeal that zoning freeze protection was applicable to proposed child care facility where zoning freeze arose from prior subdivision application that had been denied and remained under appeal.
McCarthy v. Tobin, 429 Mass. 84 (1999) - Successfully represented client in establishing the enforceability of an offer to purchase real estate. This case clarified that preliminary offers to purchase real estate, as opposed to purchase and sale agreements, can be, and often are, binding contracts.
Planning Board of Marshfield v. Zoning Board of Appeals of Pembroke, 427 Mass. 699 (1998) - Successfully represented client in defense of appeal brought by abutting town's planning board over issuance of special permit for a movie theater by challenging the standing of the planning board. This case established the proposition that one municipality does not have standing to challenge a zoning decision made by an adjacent municipality.
Berkshire Power Development v. Agawam, 43 Mass. App. Ct. 828 (1997) - Successfully represented clients in opposing the construction of a power plant. After being denied approval at the local level, the developer appealed and argued that it never needed the permit which it had applied for. This case established that the ability to raise new issues on appeal was limited to the issues raised before a local board.

Professional

Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating.
Admitted: Massachusetts.
Member: Boston Bar Association; Real Estate Bar Association for Massachusetts (Member, Zoning and Land Use Committee).

Community Involvement