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 Real Estate & Environmental Resources

Publications

August 13, 2020

Effect of COVID-19 on Real Estate Taxation

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Publications

August 6, 2020

Projects Interrupted: The Pandemic Creates Scheduling Headaches for Associations and Contractors

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Publications

July 27, 2020

Rental Housing Market Heads to a Reckoning

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Alerts

July 24, 2020

Massachusetts Governor Extends Moratorium on Evictions and Foreclosures Due to COVID-19 Pandemic

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Publications

June 11, 2020

Details Matter in Mass. Eviction Moratorium Law

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Publications

May 22, 2020

Massachusetts Debt Collection Ban Reversed: HOAs Can Resume Collection Actions

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Alerts

May 8, 2020

Massachusetts Debt Collection Ban Stricken Down

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Alerts

April 30, 2020

Amid COVID-19 Pandemic, Massachusetts Halts Evictions & Foreclosures, While Allowing Remote Notarizations

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Publications

April 30, 2020

Condo Associations Face New Collection Challenges: Mass. AG’s Debt Regulations Mean Well, But…

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