Litigation

Real Estate Litigation

Representative Matters

Adjudicatory Proceedings Before the Massachusetts Department of Environmental Protection

Representation of office, residential, marine, power and hospitality sector projects in adjudicatory proceedings before the Massachusetts Department of Environmental Protection.

Boston Redevelopment Authority in Multiple Eminent Domain Trials

Successful representation of the Boston Redevelopment Authority in multiple eminent domain trials resulting from the BRA's acquisition by eminent domain of the site of the Boston Convention and Exhibition Center..

City Council of Medford, v. Equity One (Northeast Portfolio) Inc.

Won dismissal of a challenge to our clients permits for a 450-unit residential development.  City Council of Medford, v. Equity One (Northeast Portfolio) Inc., Land Court Miscellaneous Case No. 16-000364.

Financial Agreement Executed in Conjunction With Major Redevelopment of Municipal Landfill

Representation of two national retail REITs in a dispute with a New Jersey municipality regarding compliance with and validity of redevelopment agreement and compliance with financial agreement executed in conjunction with major redevelopment of municipal landfill.

Gund, et al. v. LMP GP Holdings, LLC, et al.

Won summary judgment upholding permits for mixed-use residential, office and retail development of the 22-story former Edward Sullivan Courthouse in Cambridge and upheld judgment on appeal. Gund, et al. v. LMP GP Holdings, LLC, et al., Land Court Miscellaneous Case No. 2014-488218 and Gund, et al. v. LMP GP Holdings, LLC, et al, Appeals Court No. 2015-P-1339.

Hanover R.S. Limited Partnership v. Town of Andover, et al.

Prevailed at trial before the State’s Housing Appeals Committee which required town to grant our client approval of its 250-unit affordable housing development and successfully defended that decision on appeal. Hanover R.S. Limited Partnership v. Town of Andover, et al., Massachusetts Housing Appeals Committee, Docket No. 2012-04; Eisai, Inc., et al. v. Hanover R.S. Limited Partnership, Suffolk Superior Court C.A. No. 2014-0081; and Eisai, Inc. et al. v. Hanover R.S. Limited Partnership, Massachusetts Appeals Court No. 2015-P0680.

MBTA and Eminent Domain

Successful representation of the Massachusetts Bay Transportation Authority in several eminent domain trials arising out of multiple eminent domain matters.

Porter et al., v. Brighton Gardner Properties, LLC, et al.

Prevailed on summary judgment upholding our clients’ permits for a mixed-use multi-family residential and retail development in Allston, MA. Porter et al., v. Brighton Gardner Properties, LLC, et al., Suffolk Superior Court, C.A., 2017-2123-H.

Private Cost Recovery Actions Under CERCLA and State Environmental Statutes

Representation of numerous current and former owners and operators in private cost recovery actions under CERCLA and state environmental statutes seeking reimbursement for costs incurred in remediating hazardous materials.

Proceedings Seeking Review of Wetlands Approval

Representation of retail developer in court challenges to special permits and site plan approval, litigation challenging a rezoning of the site, and administrative proceedings seeking review of wetlands approval, all of which were dismissed with no changes to the project after extensive discovery into sources of funding of the project's opposition.

Pu, et al. v. Residences of South Brookline, LLC

Won summary judgment upholding our clients’ comprehensive permit for a 161-unit affordable housing development. Pu, et al. v. Residences of South Brookline, LLC, Land Court Miscellaneous case No. 2015-000072.

Randon, et al. v. Trustees of Eel River Trust, et al.

Prevailed in multi-day trial in defending our clients’ easement rights. Randon, et al. v. Trustees of Eel River Trust, et al. Land Court Miscellaneous Case 2016-000436.

Summary Judgment Upholding Comprehensive Permit Issued to Developer of Affordable Housing Project

In a case of first impression, 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.

Wetland Appeals, MEPA Appeals, Chapter 91 Appeals and Conservation Commission Appeals

Representation of real estate owners and developers in an array of cases involving wetland appeals, MEPA Appeals, Chapter 91 Appeals and Conservation Commission appeals.

National Multifamily Developer in Permit Dispute

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.