Land Use & Permitting Disputes

 

Zoning and land use law in Massachusetts can be complicated. We have a long track record of leading clients through the thorny legal issues, neighborhood opposition, and other difficult obstacles that characterize many development proposals. We have successfully handled hotly-contested permitting and land use matters from the ZBA and Planning Board levels all the way to the Supreme Judicial Court. While best known for our Chapter 40B and Dover Amendment expertise, our clients find themselves in good hands on all types of land use or permitting disputes.

 

Examples of our land use and permitting successes include:

 

  • For MassDevelopment, won Superior Court 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.

  • 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.

  • For Crosspoint Associates, prevailed against multi-party zoning appeal of permits to construct a CVS Pharmacy in Hopkinton, MA.

  • Defeated abutter appeals for housing project in Beverly on behalf of prominent North Shore developer.

  • Represented Hindu temple in Groton in obtaining zoning and related municipal and state approvals under the state’s Dover Amendment.

  • 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.

  • 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.

  • 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.