Land Use & Permitting
Zoning and land use law in Massachusetts can be complicated, and developers often encounter thorny legal issues, intense neighborhood opposition, and other difficult obstacles that can disrupt or even derail the project proposal. Hotly-contested permitting and land use matters can make their way from the town ZBA and Planning Board levels all the way to the Supreme Judicial Court. Our lawyers have handled permitting and land use matters at each of those levels, and know how to navigate the process efficiently to advance the client’s short-term and long-term strategies and objectives. Because of our depth and breadth of experience we understand both sides of real estate and land use disputes and have successfully represented both developers and tenants or buyers of real estate. Because of our expertise in land use law, our clients also hire us to represent them in high-stakes zoning and permitting disputes across the United States.
Examples of our land use and permitting successes include:
Zoning/Permitting Disputes:
Won a preliminary injunction in federal court in North Dakota on behalf of Target Logistics, barring enforcement of a city ordinance that sought to ban temporary workforce housing.
Won summary judgment in the Land Court overturning planning board denial of site plan approval for large-scale cannabis cultivation facility.
Prevailed in groundbreaking Land Court decision voiding opponent’s building permit in the City of Beverly for running afoul of the repetitive petition provision in Chapter 40A.
For Crosspoint Associates, prevailed against multi-party zoning appeal of permits to construct a CVS Pharmacy in Hopkinton, MA.
Won summary judgment in the Land Court reversing a municipal Planning Board’s decision on a definitive subdivision plan.
Defeated abutter appeals for housing project in Beverly on behalf of prominent North Shore developer.
Won summary judgment in the Land Court in a first impression declaratory judgment case striking down local bylaw attempting to ban recreational cannabis uses in conflict with pre-existing zoning regulations.
Defeated Massachusetts town’s motion for preliminary injunction to stop client’s dog training business from operating while our appeal of town’s denial of client’s permit application is pending.
Advised major Massachusetts-based developer in successful campaign to defeat citywide ballot referendum to amend zoning ordinance and rescind City Council approval of large mixed-use development.
On behalf of a homeowner, led efforts in the courts and before town permitting boards to oppose a multi-million-dollar industrial proposal that threatened the health, safety, and quality of life of client and his family; in the face of this sustained opposition, the project proponent abandoned the proposal.
Over the course of numerous public hearing sessions, represented homeowners before a MetroWest-area Planning Board in contesting a distribution warehouse facility proposed in clients’ neighborhood; the board voted unanimously to deny the project application.
Achieved favorable settlement for residential abutters to large Boston development project who sought mitigation of project’s adverse impacts on their properties.
Complex Land Use and Environmental Advice and Advocacy:
Successfully defended the Nantucket Conservation Commission’s enforcement orders in Superior Court against aggressively-litigated challenges in a high-profile coastal protection matter.
Advised multinational construction materials supplier on land use rights and permitting issues concerning quarries in Colorado and Nevada.
Complex Land Use Advice and Advocacy (cont.):
Won bench trial in the Land Court securing exclusive property rights to private way for owner of abutting multi-unit apartment complex.
Represented homeowner in invoking easement rights and aggressively advocating to town officials in a North Shore community that they prioritize and fund drainage improvements on client’s street.
Won dismissal in Massachusetts Superior Court of breach of fiduciary claims brought against trustees of a land trust.
Chapter 40B:
For MassDevelopment, won dismissal of Town of Brookline's lawsuit challenging funding agency’s site plan approval of Chapter 40B affordable housing proposal, then prevailed again at Massachusetts Appeals Court when opponents appealed, then won a third time in Land Court when plaintiffs brought a new lawsuit challenging agency's statutory funding authority.
For Harborlight Homes, obtained comprehensive permit for family housing in Hamilton, MA.
Secured Chapter 40B comprehensive permit from Medfield board of appeals for a 92-unit rental housing project.
Won multiple Chapter 40B litigations in Massachusetts trial and appellate courts for MetroWest housing developer, enabling client to build 407-unit and 183-unit developments in Natick.
Represented MassHousing as well as multiple affordable housing organizations in trial and appellate litigation concerning the scope and regulatory administration of Chapter 40B.
Prevailed in Land Court and in appellate litigation for national developer of continuing care retirement communities in disputes over its Chapter 40B comprehensive permit to construct a 2,250-unit development in Hingham.
Obtained comprehensive permit at Housing Appeals Committee for national homebuilder seeking to build 250 condominiums in Scituate.
Successfully defended collection of abutter and municipal board lawsuits in Superior Court and appellate courts on behalf of Boston-based affordable housing developer, enabling client to construct 98-unit active adult community in Marshfield.
Dover Amendment:
Represented Hindu temple in Groton in obtaining zoning and related municipal and state approvals under the state’s Dover Amendment.
Won zoning permit for Massachusetts college's athletic field lights pursuant to the state’s Dover Amendment following contentious local hearing, then prevailed on summary judgment in Superior Court on abutters’ appeal, then once more at Appeals Court.
On behalf of a homeowner facing significant negative land use impacts from an abutting private school’s expansion proposed under the Massachusetts Dover Amendment, pursued litigation leading to a favorable settlement that included
financial compensation and extensive landscape buffering to mitigate visual and air quality impacts.