Courtney Simmons

Of Counsel

Courtney A. Simmons

phone: 617-589-3832
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PRACTICE & FOCUS AREA

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Courtney’s practice focuses on real estate land use, condominium law, and business litigation. Courtney has advised and helped clients navigate a wide variety of matters involving zoning litigation, local permitting, title disputes, boundary line disputes, adverse possession, easement rights, real estate transactions and landlord/tenant disputes. She also represents condominium associations and unit owners dealing with condominium general matters, development and operation.

Courtney serves as a contributing author of the Massachusetts Continuing Legal Education treatise on condominium law. Courtney has been recognized for her expertise and achievements in the real estate field and has a proven track record of providing high-quality representation with the goal of efficiently resolving legal disputes.

Before joining the Davis Malm team, Courtney served as Law Clerk to the Honorable Mark V. Green, Chief Justice of the Massachusetts Appeals Court, and the Honorable Robert B. Foster and Honorable Howard P. Speicher, both of the Massachusetts Land Court.

RESULTS

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  • Obtained Land Court judgment affirming client’s title to property in Worcester County and enabling owner to close real estate transaction.
  • Won motion to dismiss and summary judgment in Land Court action defending against appeal of site plan approval and a zoning bylaw amendment allowing for a marijuana cultivation and manufacturing facility.
  • Won judgment on the pleadings in Superior Court in action involving appeal of decision of conservation commission’s denial of order of conditions under local wetlands bylaw.
  • Won summary judgment in Land Court action involving challenge to a zoning bylaw amendment allowing the cultivation of marijuana by special permit.
  • Defended against preliminary injunction brought by a landlord against client concerning breach of lease of commercial property in Middlesex County.
  • Assisted client in a title dispute regarding a private passageway established in the 19th century.
  • Obtained special permit from zoning board for change to a nonconforming structure in Essex County, enabling client to build new residence.
  • Obtained variance from zoning board to allow for height in excess of bylaw limitations, allowing client to develop multi-family units on property.
  • Represents condominium associations and cooperatives of various sizes throughout Greater Boston in a variety of development, operational and management matters.
  • Handles title claims work for title insurance companies, resolving missing interests, faulty deeds, improper documentation, and boundary disputes.

REPORTED CASES

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  • Psychemedics Corporation v. City of Boston (2021) – Obtained decision from the Supreme Judicial Court reversing and remanding the Superior Court’s decision granting summary judgment to the drug testing contractor for the City of Boston police department. The City sought to enforce contractual obligations to defend and hold the City harmless from certain claims arising from the contractor’s alleged negligence in its drug testing. The SJC found that the lower court judge erred in determining that the drug testing contractor was entitled to summary judgment where, among other things, the judge applied the incorrect standard in determining whether the City provided the contractor with notice and the opportunity to assume the defense.

CREDENTIALS

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Distinctions:

  • Named a 2025 “Ones to Watch – Rising Star” by the New England Real Estate Journal
  • Named a 2023 Excellence in the Law “Up & Coming Lawyer” by Massachusetts Lawyers Weekly
  • Best Lawyers in America© “Ones to Watch”, 2023-2026
  • Massachusetts Super Lawyers Rising Stars, 2019-2025

Admitted:

  • Massachusetts
  • United States District Court for the District of Massachusetts

Member:

  • Boston Bar Association
    • Co-Chair of the Pro Bono/Public Service Subcommittee of the Environmental and Energy Law Committee (2019-2021)
  • Real Estate Bar Association for Massachusetts
  • Community Associations Institute (Member, Attorneys’ Committee)
  • Essex County Bar Association
  • International Lawyers Network

MORE THAN A LAWYER

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In her spare time, Courtney likes to stay active. She enjoys hiking, playing tennis and running half marathons. Courtney’s passion for real estate and environmental law was cemented in 2014, when she drove cross-country for an internship with an Alaskan law firm. Her internship gave her the unique opportunity to assist in several federal litigation matters in defense of endangered species, clean water and clean air.

News & Insights
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Solar Power, Wetlands Projects Face Changing Legal Context, authored article for Banker & Tradesman

Massachusetts Sees Challenges and Opportunities With Delivery, authored article for Marijuana Venture

Employee Handbooks: Benefits and Pitfalls for Employers in Higher Education, authored article for the New England Journal of Higher Education

Awards
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