Commercial disputes, land use cases, eminent domain matters, shareholder disputes, securities litigation, bankruptcy proceedings and probate matters are all part of Kevin O’Flaherty’s Litigation experience. Kevin is an experienced trial lawyer who has tried more than two dozen cases in state and federal courts and has represented clients in over 21 appeals. Chambers USA recognizes Kevin for his "calm demeanor and straightforward, practical approach." Kevin is a Director with the firm, a co-Chair of the firm's Litigation group and a founding member of the firm's retail blog, the Retail Law Advisor.
- Represented the developer of a large (270 unit) multi-family housing development in the Brookline, MA where the town and certain abutters sought an injunction to stop the development. We defeated the injunction and shortly afterward made a motion to dismiss the case which was allowed.
- Represented E & A Northeast Limited Partnership, the owner of a large urban shopping center, in a dispute with the owner of an abutting grocery store over access rights. We defeated the abutter’s request for an injunction which led to a favorable resolution of the matter.
- Represented a national developer of multi-family housing who was denied a permit to construct a 250-unit multi-family development. After a 4-day administrative hearing at the State Housing Appeals Committee, the Committee overturned the denial and ordered that the municipality grant the permit.
- Obtained summary judgment upholding comprehensive permit issued to developer of affordable housing project and successfully defended that judgment on appeal in Standerwick, et al. v. Zoning Board of Appeals of Andover, et al., 447 Mass. 20 (2006), identified by Massachusetts Lawyers' Weekly as one of the ten most significant decisions made by the Supreme Judicial Court in 2006.
- Represented the plaintiffs in a breach of contract case against a multinational company, obtaining a multi-million dollar settlement for the client.
- Successfully represented a large supermarket company in several zoning/permitting appeals, obtaining favorable trial judgments that were upheld on appeal in PB & C Series, LLC v. Stop & Shop Supermarket Co., et al., 65 Mass.App.Ct. 1103 (2005); Valley Properties, Inc. v. Pinnacle Partners, Inc., 76 Mass. App. Ct. 1107 (2010); and Cernak, et al. v. Planning Board of the City of Easthampton, et al., and Stop & Shop, Hampshire Superior Court, Civil Action No. 2010-0035 (2013).
- Represented real estate owners and developers in an array of real estate related cases, including commercial landlord/tenant cases, residential subdivision appeals, wetland appeals, MEPA Appeals, Chapter 91 Appeals, Conservation Commission appeals, adverse possession cases, matters involving easements and servitudes, and disputes related to real estate purchase and sale agreements.
- Obtained dismissal of an abutter's and citizens’ group appeal of zoning relief granted to the developers of a thirty-story mixed use commercial and residential project in downtown Boston.
- Represented the Boston Redevelopment Authority in several eminent domain matters related to the Boston Convention and Exhibition Center, and obtained several jury verdicts favorable to the authority.
- Obtained a jury verdict and six-figure damages for a plaintiff in a civil rights action, and successfully defended the judgment on appeal. Ayasli v. Armstrong, 439 Mass. 1101 (2003), 56 Mass.App.Ct. 740 (2003).
- Successfully represented fiduciaries and individuals in trust and estate matters.
- Represented the Massachusetts Bay Transportation Authority in eminent domain matters related to the MBTA’s takings for a new commuter rail line.
- Represented educational, medical and cultural institutions in regulatory matters, landlord-tenant disputes and real estate matters.
Professional and Community Involvement
- Board of Directors, Caritas Communities, Inc. (current)
- Board of Directors, Greater Boston Legal Services (past)
- Board of Directors, Newton Girls Basketball Association (past)
Awards and Recognition
- Chambers USA, “America’s Leading Business Lawyers”
- Massachusetts Super Lawyers, 2006 - 2014
- Martindale Hubbell Peer Review Rated AV Preeminent TM
- Martindale HubbellTM Top Rated Lawyer in "Land Use And Zoning," 2013