Mark J. Witkin

phone: 617-589-3857
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education

J.D., University of Chicago Law School, 1964

B.A., Cornell University, 1961

PRACTICE & FOCUS AREA
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Mark is a real estate attorney, focusing on matters relating to real and personal property taxation. He advises public, private and nonprofit companies, investors and individuals on a wide range of municipal taxation issues. He has extensive experience negotiating property assessments with municipal assessing authorities and valuation companies, real estate development municipal tax incentives, and payments in lieu of taxes for nonprofit, tax-exempt entities.

Mark also litigates tax assessment appeals before the Massachusetts Appellate Tax Board and has participated in precedent-setting cases related to real property taxation, including special use properties such as nursing homes and hotels.

Before practicing at Davis Malm, Mark was a founding partner of Boston -based Bloom & Witkin.

RESULTS
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  • Successfully litigated to decision at the Massachusetts Appellate Tax Board a two-year assessment reduction of $3.8 million and $2.8 million, respectively, for a Massachusetts healthcare property.
  • Successfully negotiated a settlement reducing by over $1 million in each of two years, and an additional reduction in a third year, the personal property tax assessments levied upon personal property used in an assembly and distribution center in western Massachusetts.
  • Represented a major national investor in projecting the assessments and real estate taxes to be levied on a major residential complex following its purchase.
  • Represented a national public company and a major regional developer in their joint venture of a mixed-use commercial, residential, and senior housing complex in negotiating the venture’s real estate taxes during the construction period.
  • Successfully represented a major national hotel chain in the negotiated settlement of real estate taxes assessed upon a portion of a hotel complex consisting of a hotel, underground parking garage, condominiums, and commercial property in a major Massachusetts city.
  • Successfully negotiated reductions in the assessments of five individual warehouse and distribution facilities located in five separate Massachusetts municipalities, in which a portion of each property is used as so-called high bay freezer space for the storage and distribution of frozen food products.
  • Successfully negotiated a settlement of taxes assessed on an office building, following its purchase and multi-year renovation.
  • Successfully negotiated various Payment in Lieu of Taxes Agreement(s) between respective nonprofit entities and the municipalities where these properties were located.
  • Successfully negotiated for a public manufacturing company real estate tax exemptions for two properties in suburbs west of Boston.
  • Successfully negotiated a multi-year reduction in real estate taxes assessed upon an enclosed shopping mall located in a Massachusetts suburb west of Route 495.
REPORTED CASES
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CREDENTIALS
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Distinctions:

  • Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating

Admitted:

  • Massachusetts

Member:

  • American Bar Association
  • Massachusetts Bar Association
  • Boston Bar Association
MORE THAN A LAWYER
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When Mark takes off his lawyer’s hat, he trades it in for a baseball cap. An avid sports fan, he is an active NHL Players Association certified agent and was a long-time member of the pioneering radio sports talk show, “Sports Huddle.” Mark enjoys playing singles tennis, cheering on the players that he represents at NHL games, and watching his grandsons’ little league baseball games when he visits them in California. He is fascinated by the California lifestyle and has made it his mission to become a professional surfer (as soon as he stands 6’3” and has shoulder-length blonde hair). Until then, Mark will continue his unofficial role of clam-chowder-taste-tester throughout New England.

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