Results

Our proven
track record.

  • Represented a Boston real estate firm before the Supreme Judicial Court, successfully overturning a lower court decision in favor of the Massachusetts Department of Transportation.  Davis Malm argued that MassDOT could not expand its use of an easement, taken by eminent domain in 1991 in connection with the Big Dig, without further compensation to the landowner. The SJC’s decision reinforces the right of property owners to receive just compensation when the government takes private property, and provides important clarification on the rules for interpreting easements in general, and eminent domain takings in particular.
  • Obtained a reversal in the Massachusetts Appeals Court of a G.L. c.93A district court judgment involving attorney’s fees and costs. The commercial landlord came to us to appeal the trial judge’s award in connection with contract-based claims brought by the tenant, and we prevailed.
  • 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.

Real Estate Attorneys

Meet the Real Estate, Land Use & Environmental Litigation Team.

James Gallagher

Shareholder, Executive Committee Member

James E. Gallagher

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Christopher Marino

President, Executive Committee Member, Shareholder

Christopher J. Marino

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RESOURCES

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

View Our Real Estate & Environmental Resources

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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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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Publications

September 9, 2025

The Duty of Care Balancing Act

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Publications

August 12, 2025

Exhausting Administrative Remedies in a Tax Appeal, Phil Olsen Published by Massachusetts Lawyers Weekly

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Alerts

August 11, 2025

Massachusetts’ 2026 Budget Bill Eliminates Mandatory Tenant-Paid Broker Fees for Residential Property

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Publications

July 24, 2025

What You Need to Know About Massachusetts’ Broker-Fee Ban

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