Real Estate

Land Use

We understand that land use approvals are one of the biggest hurdles to overcome in completing development projects. Our attorneys work with clients to analyze applicable laws and regulations in order to develop a comprehensive strategy to bring each project to successful completion. We draft applications for all approvals required, and regularly advocate for our clients before federal, state and local officials – and in court when necessary. We also have a successful track record of helping clients achieve the highest value for their land. Let us help you keep your project on track.

Real Estate PRACTICE AREAS

Results

Our results speak for themselves.

  • Successfully represented our client in establishing that a local zoning bylaw allowed renovation of a mill building for residential use.
  • Successfully appealed permit denials for a 44-lot residential subdivision.
  • Successfully appealed permit denials for two “superstores” for a national retailer.
  • Represented a leading telecommunications company in its regional zoning and development matters.
  • Obtained permits for a combined independent senior housing and residential subdivision development.
  • Represented development companies seeking to permit a 250-unit affordable housing development on 330 acres of environmentally sensitive land. A permit was issued and that decision was appealed. While the appeal was pending, the land and project were sold for $16 million, $10 million of which was reinvested by the companies as a like-kind exchange in the acquisition of three properties valued at $28 million as well as the assumption of $18 million in debt and new financing.
  • Obtained 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.
  • For a developer client, won a landmark decision that limited the authority of local conservation commissions to impose restrictions under local wetlands bylaws. Read the decision: Fieldstone Meadows Development v. Conservation Commission of Andover.
  • Participated in successful litigation to invalidate “overly-burdensome” zoning bylaws that restricted issuance of building permits by local zoning boards. Read the decision: Zuckerman v. Town of Hadley.

Real Estate Attorneys

Meet the Land Use Team.

Meet All Of Our Attorneys
James Gallagher

Shareholder, Executive Committee Member

James E. Gallagher

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Shawn McCormack

Shareholder

Shawn M. McCormack

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Anthony Panebianco

Shareholder

Anthony T. Panebianco

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Courtney Simmons

Of Counsel

Courtney A. Simmons

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RESOURCES

Happenings, headlines and insights.
See what’s new at Davis Malm.

View Our Real Estate & Environmental Resources

Alerts

July 15, 2026

Major Changes to the Massachusetts Zoning Act Expand Development Rights

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Firm Announcements

April 24, 2026

Pamela N. Fourtounis Named a “Rising Star” by New England Real Estate Journal

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Firm Announcements

December 29, 2025

Shawn M. McCormack Named a “Go To Commercial Real Estate Lawyer” by Massachusetts Lawyers Weekly

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Publications

November 12, 2025

Navigating the Property Tax Appeal Process: What Property Owners Need to Know

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Speaking Engagements

October 25, 2025

Jake E. Marcus Co-Presents on CAI-NE Condo Connect 2025 Annual Conference & Expo, “Condo Questions and Answers Panel.”

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Publications

September 29, 2025

Samuel Moskowitz, Courtney Simmons, Taylor Lovejoy, Pamela Fourtounis Co-Author MCLE’s 2025 MA Condo Law Guide

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Speaking Engagements

September 26, 2025

Courtney A. Simmons Presents Webinar on “Duty of Care” Obligations to CAI-NE Members

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Speaking Engagements

September 17, 2025

Jake E. Marcus Co-Presents on CAI-NE Webinar Series, “Master Insurance Policy Crisis- How to Prepare.” A webinar for association board members, owners and professional managers.

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Publications

September 9, 2025

The Duty of Care Balancing Act

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