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Land Use / Real Estate Litigation

Our Land Use/Real Estate Litigation practice has extensive experience in handling real estate disputes of all kinds and at all levels. We can develop a strategy for your dispute.

Your property dispute is unique. Conn Kavanaugh’s years of case experience demonstrate that each property is unique, each town’s regulations are unique, each set of abutters is unique, and each tenant and use is unique. You need a strategy that fits your particular dispute.

Conn Kavanaugh can help. Our Land Use/Real Estate Litigation practice has extensive experience in handling real estate disputes of all kinds and at all levels. We have handled private disputes between neighbors, owners, and tenants; public disputes before municipal boards; regulatory appeals before state agencies; trials in Land Court and Superior Court; and court appeals to the Supreme Judicial Court.

Success in these disputes depends on rigorous legal analysis, adept political/public strategy, vigorous advocacy, and creative formulation of potential resolutions. Conn Kavanaugh knows this through years of representation of private clients and municipalities, service on municipal land use boards, and dozens of trials of property disputes.

Representative Matters

  • Obtained approvals and permits (zoning, historic, building, and site plan review) for a large, regional bank at more than two dozen branches, mostly “tight towns” where boards give close scrutiny to applications.
  • Obtained zoning change and special permits for a developer building a golf course and high-end residential community in a coastal town south of Boston.
  • Investigated the land use issues associated with four yet-to-be-built suburban office parks considered for a potential regional headquarters for the U.S. arm of an international bank.
  • Secured a special permit for a mixed-use residential, commercial, and office complex on Outer Cape Cod.
  • Obtained affirmance by Supreme Judicial Court of client’s position on “standing” in latest articulation of standards in 81 Spooner Road, LLC v. Zoning Board of Appeals of Brookline, 462 Mass. 692 (2012).Conn Kavanaugh and its client first won multiple zoning issues at trial before the Land Court,then upheld by the Appeals Court and the Supreme Judicial Court.
  • Negotiated grant of variance to allow construction of residential subdivision in Southshore town in settlement of Superior Court appeal of denial by local planning board.
  • Obtained defense finding in the Superior Court, upheld on appeal, for state’s largest town in zoning, wetlands, and subdivision dispute.
  • Tried numerous cases in Land Court, Superior Court, and District Court of appeals of grants and denials of zoning relief and lot division.
  • Sued to challenge over-dense public elementary school and to challenge validity of town’s by-law on bonuses for school uses.
  • Secured from Selectmen the last-ever approval for an internally-illuminated sign in the Center Business District of an upscale suburban town, over the objection of the town’s Design Review Board.

How Can We Help?

Contact us today for a solution best suited to your legal needs.