Our Practice Areas

Land Use and Environmental LitigationPrint

Our attorneys have extensive experience handling all types of real estate and environmental conflicts.  We understand that land is unique and that real estate disputes create challenging legal, financial and emotional issues.  Our litigators have the ability, resources and trial experience necessary to resolve these challenging issues in a creative and cost-effective manner. 

We have successfully resolved cases on behalf of developers, contractors, buyers, sellers, landlords and commercial tenants.  We regularly handle zoning and subdivision disputes and appeals before local boards and in court.  We also represent clients in matters involving environmental contamination and remediation.  We have litigated numerous disputes arising out of the purchase and sale of real estate, including claims for breach of contract, misrepresentation and unpaid commissions.  We have also litigated a variety of matters involving title, adverse possession, boundary disputes, title insurance, tax abatement and eminent domain matters.

If a conflict concerns real estate, chances are good that a member of our litigation team has had experience handling similar matters.  In all land use disputes, we provide practical, creative and cost-effective solutions informed by the perspective that sophisticated trial experience provides.  

Representative Matters:

  • Represented a seller of real estate in obtaining an Appeals Court decision awarding our client damages for a buyer's failure to complete the purchase of commercial property 
  • Successfully defended beneficiaries of a trust who were sued by a family member who sought ownership of trust real estate.  Legal issues raised at trial included judicial estoppel, laches, the statute of frauds, the statute of wills, the canons of ethics, adverse possession and constructive trust 
  • Defended a restaurant owner in the Superior Court and in the Appeals Court by proving that the restaurant would not infringe on the plaintiff's legal and private rights and that therefore the plaintiff had no standing to challenge the zoning relief afforded the restaurant 
  • Negotiated a resolution to a long-term dispute by forcing the sale of real estate through a petition to partition, by filing suit against an escrow agent and by cooperating with the commissioner’s plan to auction the estate 
  • Successfully argued that an unrecorded stock purchase agreement purporting to convey an interest in land to a shareholder was not a legitimate conveyance of real property, enabling our banking client's foreclosure to proceed 
  • Represented a land owner in Land Court and the Appeals Court in an adverse possession case in which our client obtained title to upland and tidal flats 
  • Defended a municipal zoning board of appeals in the Superior Court by proving that the board correctly determined that the plaintiff's construction violated the intensity regulations and constituted a prohibited alteration and reconstruction of a non-conforming use or structure 
  • Derailed an abutter's challenge to a special permit granted to a client for the construction and use of property as a continuing care retirement facility 
  • Resolved a state Fire Marshall's appeal enabling an energy company to proceed with the repair of an underground storage tank after a local fire chief had initially denied a permit to repair the tank 
  • Successfully represented a municipality before the Supreme Judicial Court regarding a claim of a regulatory taking by a governmental authority 
  • Represented a municipality before the Appeals Court, which upheld a zoning board's decision to deny modifications to a comprehensive permit under Chapter 40B for an affordable housing development