Kevin P. O'Flaherty

Representative Matters

Won Summary Judgment for Real Estate Investment Joint Venture

Obtained a summary judgment in favor of a joint venture between a private real estate company and a group of investors in defense of permits to develop a large mixed-use property in Cambridge, MA.

Prevailed at State Housing Appeals Committee for Real Estate Development Firm

Prevailed at the State Housing Appeals Committee for a real estate development firm, allowing the client to proceed with developing a large multifamily development.

Obtained Summary Judgement for Multifamily Housing Developer

Representation of a developer of multifamily housing in Brookline, MA in a case where the town and certain abutters sought an injunction to stop the large project. We defeated the injunction and shortly afterward made a motion to dismiss the case which was allowed.

Trial Victory for National Multifamily Developer Overturning Town's Denial of Permits

Representation of a national developer of multifamily 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.

Summary Judgment in Favor of Developer in Comprehensive Permit Case

Obtained summary judgment upholding a 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.

Real Estate Owners and Developers in Multitude of Appeals, Cases, Matters, and Agreements

Representation of 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.

Boston Redevelopment Authority in Several Eminent Domain Matters Related to Boston Convention and Exhibition Center

Representation of the Boston Redevelopment Authority in several eminent domain matters related to the Boston Convention and Exhibition Center, and obtained jury verdicts favorable to the authority.

Massachusetts Bay Transportation Authority in Commuter Rail Development

Representation of the Massachusetts Bay Transportation Authority in eminent domain matters related to the MBTA’s takings for a new commuter rail line.

Representation of Caritas Communities on 47-unit Affordable Housing Development

Representation of Caritas Communities and its joint venture partner South Boston Neighborhood Development Corporation in the development of a 47-unit affordable housing development in South Boston, which will provide much needed housing for seniors. 

Won Summary Judgment For Developer of the former Edward Sullivan Courthouse

Obtained summary judgment and defended the judgment on appeal clearing the way for our client to proceed with a mixed-use redevelopment of the former Edward Sullivan Courthouse in East Cambridge.