Results

Our proven
track record.

  • 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.
RESOURCES

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

View Our Litigation Resources

Publications

August 16, 2019

Where there’s a will…

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Firm Announcements

January 28, 2019

Davis Malm Adds Emily Crowley to its Employment and Litigation Practices

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Publications

December 20, 2018

Law practice enjoined from distributing fee from PI settlement

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Speaking Engagements

September 29, 2018

Dispositive Motions, Rule 16 and Pretrial Conferences

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Firm Announcements

August 29, 2018

Davis Malm Hires New Litigation Associate

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Publications

April 5, 2018

Towing Co. Can’t ‘Pick Off’ Lead Class-Action Plaintiff

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Speaking Engagements

February 12, 2018

MCLE’s 17th Annual Business Litigation Conference

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Firm Announcements

November 16, 2017

Davis Malm Adds Tax Abatement Shareholder Mark Witkin to Real Estate Practice

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Publications

August 21, 2017

Preparing for Litigation Risks as a Small Business Owner

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