LITIGATION

Real Estate, Land Use &
Environmental Litigation

We’ve been recognized as a leader in real estate law since our founding in 1979. We know the law because we helped write it. Several of our attorneys, past and present, worked with the Massachusetts legislature to write and modify real estate and environmental laws. Our litigators have set precedents in a number of landmark real estate cases in state and federal courts, and routinely represent developers, contractors, lessors, lessees and municipal authorities before municipal, state and federal regulatory agencies. Among other successes, we have an outstanding record representing clients confronted with compliance violations and contamination litigation, whether in cost recovery or government Superfund claims.

LITIGATION PRACTICE AREAS

Results

Our proven
track record.

Represented a Boston real estate firm before the Supreme Judicial Court, successfully overturning a lower court decision in favor of the Massachusetts Department of Transportation. Davis Malm argued that MassDOT could not expand its use of an easement, taken by eminent domain in 1991 in connection with the Big Dig, without further compensation to the landowner. The SJC’s decision reinforces the right of property owners to receive just compensation when the government takes private property, and provides important clarification on the rules for interpreting easements in general, and eminent domain takings in particular.
Obtained a reversal in the Massachusetts Appeals Court of a G.L. c.93A district court judgment involving attorney’s fees and costs. The commercial landlord came to us to appeal the trial judge’s award in connection with contract-based claims brought by the tenant, and we prevailed.
On appeal to the Massachusetts Appeals Court, we successfully overturned a trial court decision and obtained an order requiring a defendant to convey marina property to our client. Read the decision: Kurker v. Shoestring Properties.
Actively participated in a major case in the U.S. Court of Appeals upholding the use of phasing techniques in condominium development. Read more: Northwood Properties, LLC.
Obtained the reversal of an Appeals Court decision from the Supreme Judicial Court that clarified the obligations of abutters challenging a zoning decision and reinstated our client’s special permit to redevelop its property. Read the decision: Sweenie v. A.L. Prime Energy Consultants
Won for a developer client a landmark decision that limited the authority of local conservation commissions to impose restrictions under local wetlands bylaws. Read the decision: Fieldstone Meadows Development Corp. v. Conservation Commission of Andover.
Participated in successful litigation to invalidate “rate of development” zoning bylaws that restricted issuance of building permits by local zoning boards. Read the decision: Zuckerman v. Town of Hadley.
On appeal to the Supreme Judicial Court, we established that a binding contract to buy real estate is formed even though the offer to purchase required the subsequent execution of a purchase and sale agreement.
Obtained a preliminary injunction for a condominium association in an action against unit owners to enforce the unit owners’ adherence to the bylaws.