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Real Estate, Land Use and Environmental Litigation, Nutter McClennen & Fish LLP Photo
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Real Estate, Land Use and Environmental Litigation

Overview

Clients consistently call upon our team of environmental litigation lawyers when faced with difficult disputes or conditions involving real estate, land use and environmental issues. Our team includes some of the nation’s top ranked environmental and land use litigators. This team has established the law governing insurers’ obligations to property owners, and also won some of the biggest eminent domain awards in Massachusetts.

Clients also choose us for our emphasis on delivering value as well as results. We prepare each case to be won without breaking the client’s budget, committing significant partner level attention to each and every matter for the sake of efficiency without overstaffing. Our unleveraged partner-to-associate ratio results in superior associate training and satisfaction (as reflected in nationwide surveys), which means that clients do not have a revolving door of associate lawyers assigned to their cases.

Our Team

We take great pride in training and developing generations of litigators. We have in-house mock trial and moot court programs, and conduct our own “nuts and bolts” preparation on how to try cases to win. We know how to find the crux of even the most complex cases, and how to present the best possible arguments to a judge or jury in a way that is both clear and compelling. Our team is constantly striving to assess, analyze and improve its performance. We don’t prepare to negotiate, we prepare to win. This aggressive approach of preparing cases to be won has not only resulted in many favorable verdicts, but also many more favorable pre-trial judgments or dismissals, and many favorable settlements.

Nutter’s real estate, land use and environmental litigation team includes: 

  • Six lawyers named in the peer-reviewed “Best Lawyers in America;”
  • Ten lawyers named as Massachusetts Super Lawyers, two lawyers repeatedly named as Super Lawyers in prior years, and a young lawyer named as a “Rising Star;”
  • Seven lawyers listed as “leaders in their field” by Chambers USA;
  • A former Massachusetts Superior Court Judge and Probate Court Judge;
  • A former clerk to the Chief Justice of the Massachusetts Land Court; and 
  • Numerous lawyers who have authored or co-authored articles or books about real estate, land use, environmental law and litigation practice.

Our team has also been:

  • Ranked as a tier one Boston law firm for work in both real estate and environmental law by U.S. News & World Report; and 
  • Listed among the ranked firms nationwide in both litigation and real estate in the Chambers USA survey.

Who We Represent

We represent a broad spectrum of clients, including:

  • Public and privately held companies, including family owned businesses; 
  • Property owners; 
  • Real estate developers; 
  • Governmental entities, such as state agencies and municipalities; 
  • Individuals; 
  • Non-profit entities; 
  • Professionals, such as architects, brokers and engineers; 
  • Real Estate Investment Trusts and other complex real estate entities; and 
  • Service firms associated with real estate and development (for sales, engineering, testing, etc).

As a result of our work in this area, our team has in-depth knowledge about the many industries in which our clients compete, such as: 

  • Biotechnology and life sciences; 
  • Computer hardware and software; 
  • Construction and related services; 
  • Energy and utility services; 
  • Financial services, including insurance, banking, and investment banking; 
  • Hospitals, nursing homes and health care; 
  • Industrial materials; 
  • Manufacturing; 
  • Medical devices and instrumentation; 
  • Media and publishing; 
  • Pharmaceuticals; 
  • Professional services such as accounting and engineering; 
  • Real estate development; 
  • Retail and other service sector industries; 
  • Specialty chemicals; 
  • Transportation, both public and private.

What We Do

Our team helps clients to assess risks and make decisions about litigation prior to the filing of any suit. We give candid advice about the prospects for success and the pursuit of other options from the outset of an engagement. We help clients prepare effectively for trial and/or to negotiate favorable settlements.

We routinely handle disputes involving: 

  • Adverse possession; 
  • Affordable housing projects under Chapter 40B; 
  • Complex construction disputes; 
  • Development projects including commercial, residential and retail projects; 
  • Easements, access, and ingress and egress rights; 
  • Eminent domain and regulatory takings; 
  • Environmental matters, including state and federal Superfund matters under Chapter 21E and CERCLA, RCRA, the Clean Air Act, Clean Water Act, Wetlands Protection Acts, and other state and federal regulations; 
  • Historic district preservation under Chapter 40C; 
  • Insurance coverage; 
  • Nuisance and trespass; 
  • Lease and sale of properties; 
  • Performance bonds; 
  • Permitting and license issues; 
  • Purchase & sale agreements and other real estate contracts; 
  • Registered land; 
  • Restrictive covenants; 
  • Sick Building Syndrome, mold, and other issues concerning indoor air quality; 
  • Unfair or deceptive trade practices under Chapter 93A; and 
  • Zoning, subdivision, planning, and other land use issues.

To effectively represent our clients, our team members have appeared as in multiple forums, including: 

  • Massachusetts Superior Court for all counties, including the Business Session; 
  • Massachusetts Land Court; 
  • Massachusetts Probate Court; 
  • Massachusetts Housing Court; 
  • Massachusetts Appellate Tax Board; 
  • Massachusetts Appeals Court and Supreme Judicial Court; 
  • U.S. District Court of Massachusetts and 1st Circuit Courts of Appeal; 
  • U.S. Bankruptcy Court and Tax Court 
  • State and federal courts in other jurisdictions; 
  • Various Massachusetts administrative agencies such as the Department of Environmental Protection, Massachusetts Highway Department, Housing Appeals Board, and the State Building Code Appeals Board; 
  • Municipal planning and zoning boards; 
  • Regional planning boards, and commissions such as the Cape Cod Commission; 
  • Various forums for mediation, arbitration, and other dispute resolution services.

View Practice Team

Representative Matters

Representative Matters

  • Represented shorefront owners in litigation concerning easement rights on Cape Cod

    Nutter defended several shorefront owners in litigation concerning access to the waters of Cape Cod Bay. The courts ruled that the original developers did not reserve beach rights for the inland owners and further confirmed that the shorefront owners owned their land out to the mean low water line.

  • National Development of New England

    Nutter advised in the permitting and land use litigation of numerous projects for National Development of New England, including the Bridges at Andover.

  • Zoning permits upheld on appeal

    The MA Appeals Court upheld the Superior Court’s decision affirming client’s zoning permits, which had been appealed by several abutters.

  • Obtained declaratory judgment in client’s favor on breach of P&S claims

    On motions for summary judgment and judgment on the pleadings, Superior Court dismissed claims of breach of contract by seller who sold client a 50 acre property that client was developing.

  • Obtained voluntary dismissal of abutters’ appeal of zoning relief

    After discovery and summary judgment proceedings, obtained voluntary dismissal of abutters’ appeal of zoning relief for development of private racquet and swim club, allowing the project to proceed without further delay.

  • Obtained summary judgment on abutters’ appeal of Historic District Commission certificates

    On summary judgment, Superior Court dismissed abutters’ appeal of certificates of appropriateness issued by Historic District Commission, and obtained dismissal of subsequent appeal.

  • Obtained favorable settlement in connection with all claims arising from the alleged “sick building” status

    Successfully assisted the Special Assistant Attorney General representing the Commonwealth of Massachusetts in connection with all claims arising from the alleged “sick building” status of the former home of the Massachusetts Registry of Motor Vehicles (the Ruggles Center).

  • The Commonwealth of Massachusetts

    Nutter lawyers served as Special Assistant Attorneys General representing the Commonwealth of Massachusetts in connection with all claims arising from construction defects from the alleged “sick building” status of the Ruggles Center, the former home of the Massachusetts Registry of Motor Vehicles. These matters involved extensive claims resulting from construction defects at the building in question, along with a $30 million claim against the Commonwealth for breach of its lease agreement. After several years of litigation, the matters were successfully resolved with a multimillion dollar payment to the Commonwealth.

  • Represented local redevelopment authority in real estate, environmental and permitting matters for the redevelopment of the former South Weymouth Naval Air Station (now known as SouthField)

    Represented a local redevelopment authority in real estate, environmental and permitting matters for the redevelopment of the former South Weymouth Naval Air Station (now known as SouthField), closed as part of BRAC 1995, including negotiating transfer documents with the United States Navy, drafting smart growth zoning by-laws and regulations, negotiating disposition and development agreements with private developer, issuing infrastructure development revenue bonds for public improvements, amending the enabling legislation for the redevelopment authority and issuing permits for private development.

  • Won a $4.15 million jury verdict in favor of a landowner

    Won a $4.15 million jury verdict in favor of a landowner harmed by both temporary and permanent takings of land related to a service station facility. 

  • Won a $2.45 million jury verdict in favor of a landowner in an eminent domain case

    Winning a $2.45 million jury verdict in favor of a landowner in an eminent domain case related to the Bourne rotary project on Cape Cod.

  • Defeated challenges to housing project under the Massachusetts Tidelands and Wetlands Protection Acts

    Successfully representing the developer of a 299-unit affordable housing project, defeating challenges to the project under the Massachusetts Tidelands and Wetlands Protection Acts.

  • Successfully defeated a challenge to a certificate granted under a local historic district ordinance

    Successfully defeating a challenge to a certificate granted under a local historic district ordinance to a commercial property owner to expand an existing commercial building on the North Shore. 

  • Successfully defended a special permit granted to a retail developer

    Successfully defending a special permit granted to a retail developer of a South Shore project.

  • Successfully argued a number of the leading environmental cases in both the First Circuit Court of Appeals and the Massachusetts Supreme Judicial Court

    Successfully argued a number of the leading environmental cases in both the First Circuit Court of Appeals and the Massachusetts Supreme Judicial Court, including Trustees of Tufts University v. Commercial Union Ins. Co., which established a multi-year defense cost obligation on the part of insurers as to environmental claims under Massachusetts law.

  • Obtained a multi-million dollar award in favor of a group of industrial companies in a suit against an environmental consultant

    Obtained a multi-million dollar award in favor of a group of industrial companies in a suit against an environmental consultant for breach of that consultant’s obligations to conduct an environmental cleanup.

  • Obtained favorable jury verdict in real estate contract dispute

    Successfully trying before a state court jury a real estate contract dispute for a nationally known paper company.

  • Obtained favorable jury verdict in land damage claim

    Successfully trying before a state court jury a land damage claim for a residential homeowner.

  • Obtained favorable arbitration ruling

    Successfully represented a paper mill in an arbitration hearing involving breach of a construction contract.

Case Studies

News & Insights

News

Publications

eDiscovery

eDiscovery

Nutter’s eDiscovery team is comprised of knowledgeable and seasoned litigation attorneys working in concert with our litigation technology professionals. Nutter is focused on providing creative, agile, and cost effective eDiscovery solutions to our clients starting from preservation at the initial anticipation of litigation through production, retention, and, ultimately, destruction.

Our Team
Our multidisciplinary team understands the ever-expanding universe of data and the technical, legal, and financial challenges it presents. Nutter has a deep bench of litigation attorneys with extensive experience handling complex eDiscovery matters. Nutter’s litigators draw on the substantial technical expertise from the firm’s technology professionals, including multiple Certified E-Discovery Specialists (CEDS) with the Association of Certified E-Discovery Specialists (ACEDS).

What We Do
Our experienced litigation technology professionals can handle Electronically Stored Information (“ESI”) internally from collection to production through our advanced technology platforms, or work with our vendors and our clients to craft a tailored approached to ESI management. We have extensive experience in managing all aspects of the eDiscovery process, including identification, preservation, collection, review and analysis, and production. Our data hosting infrastructure provides secure access to clients and external parties at a cost significantly below vendor market rates.

The Nutter team, led by Seth Berman, leverages its experience with a wide array of workflows and advanced technology, including technology-assisted review, to maximize efficiency in the document review process with strategies that are defensible in court. We design meticulous quality control procedures when managing a team of expertly trained contract lawyers and advanced forensic data analysis firms, to ensure an effective and efficient process.

Nutter approaches each new eDiscovery challenge with practical and defensible processes to ensure a streamlined and cost-effective outcome.

Experience

  • Represented shorefront owners in litigation concerning easement rights on Cape Cod

    Nutter defended several shorefront owners in litigation concerning access to the waters of Cape Cod Bay. The courts ruled that the original developers did not reserve beach rights for the inland owners and further confirmed that the shorefront owners owned their land out to the mean low water line.

  • National Development of New England

    Nutter advised in the permitting and land use litigation of numerous projects for National Development of New England, including the Bridges at Andover.

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