Land Use and Real Estate

The ownership, development and use of real estate frequently involves complex challenges.  Occasionally, these challenges produce conflicts between landowners and an administrative body; sometimes, even between neighbors. 

When difficult disputes end up in court or before an administrative agency, clients seek our counsel.  Our attorneys regularly litigate a wide range of cases in the Massachusetts Land Court and Superior Court, including:

• Zoning and land use
• Chapter 40B comprehensive permit and subdivision appeals
• Title disputes
• Easement and right-of-way disputes
• Beach access disputes
• Partition cases

We also regularly represent clients in Department of Environmental Protection administrative appeals involving the Wetlands Protection Act, the Rivers Act and Title 5 and other environmental permits. 

Client successes

Clients with eminent domain matters often seek our counsel at both the trial and appellate level.  Our litigators have served as special counsel to state agencies defending significant eminent domain claims. 

We have also worked with a number of municipalities to resolve complex land use litigation.  Clients benefit from our creativity and cooperative spirit, an approach that seeks to balance our clients' objectives while addressing the challenges municipalities face.

Representative Experience

• A Newton synagogue needed our help navigating the permitting process which involved the application of the Dover Amendment and RLUIPA protections
• Landowners have engaged Hemenway & Barnes to help them obtain review of local governing authorities' decisions concerning special permits, Title 5 septic system permits and wetlands permits
• A private developer of commercial real estate needed our help upholding the client's special permit; we won in Land Court on summary judgment