Appeals

Appellate practice is a distinct discipline that often involves nuanced questions of law and requires sophisticated counsel. Our attorneys have clerked with the Massachusetts Supreme Judicial Court and the United States Court of Appeals for the Second Circuit and have experience and insight into the appellate process and what it takes to preserve and present the best possible arguments to undo an unfavorable judgment or to preserve a hard-fought victory. We have handled numerous appeals in state and federal courts on behalf of existing clients, clients who have come to us for the first time to handle their appeal, and clients seeking to participate in appeals as “friends of the court” in the filing of amicus curiae briefs.

Successful outcomes for our appeals clients include:

• Prevailed at Massachusetts Supreme Judicial Court for national developer of continuing care retirement communities in disputes over its Chapter 40B comprehensive permit.

• Won appeal for Massachusetts metals corporation in shareholder dispute over control of the business.

• Won Massachusetts Appeals Court affirmance of Land Court summary judgment victory that overturned planning board denial of site plan approval for large-scale cannabis cultivation facility.

• Prevailed at Massachusetts Appeals Court affirming summary judgment win in the Land Court that struck down local bylaw attempting to ban recreational cannabis uses.

• Successfully defended MassDevelopment at Massachusetts Appeals Court in groundbreaking decision insulating Chapter 40B project eligibility letters from most judicial challenges.

• Represented MassHousing and multiple affordable housing organizations in appeals concerning the scope and regulatory administration of Chapter 40B.

• At Massachusetts Appeals Court, successfully defended zoning permit for Massachusetts college's athletic field lights authorized by the state’s Dover Amendment.

• Successfully defended housing developer’s active adult community project in Marshfield from challenges brought by abutters in the Massachusetts appellate courts.