Conn Kavanaugh's lawyers have litigated and tried disputes involving land and land use in the Federal (including Bankruptcy) Courts, Superior Court, Land Court, Housing Court, Probate Court, and District Court. Our lawyers also regularly appear before municipal boards to argue land use applications and appeals. When a large case has both land use and construction related claims, as with lease build-out claims, stop-work orders, or OSHA involvement, our lawyers have ready access to our Construction Practice Group.
Zoning Appeals Conn Kavanaugh has a wealth of experience in analyzing zoning by-laws, in representing clients before zoning and planning boards, and in handling court appeals of zoning decisions. We have been called upon to interpret by-laws hundreds of times. Our lawyers can handle any approach to town zoning boards, working with design professionals and clients to formulate the right pitch. Conn Kavanaugh has tried and won court cases involving challenges both to grants and denials of zoning relief. Subdivision Cases Conn Kavanaugh represents developers before municipal planning boards. We work closely with engineers, surveyors, and clients to formulate plans that will pass muster with even the toughest board. Conn Kavanaugh has litigated and tried cases involving both traditional “full†subdivision approval and approval-not-required (Form A) plans. Recently, Conn Kavanaugh prosecuted claims against a developer for failure to meet conditions of subdivision approval, resulting in a substantial verdict and Chapter 93A award for our municipal client. Wetlands Appeals Conn Kavanaugh represents clients in connection with notices filed with local conservation commissions and the DEP. When those filings result in an appeal, either to DALA or court, Conn Kavanaugh is prepared. Title Disputes Nothing can be more subtle yet devastating to a property owner than title problems. Conn Kavanaugh is prepared to litigate adverse title claims (documentary or possessory) or to pursue removal of clouds on title. We work closely with outside title counsel to analyze title claims, formulate a strategy, and pursue a resolution. Conn Kavanaugh has a Probate Litigation Practice to address disputes related to title through wills, trusts, or other devise. EasementsEasements are an essential tool in land use . Easements can allow critical access, provision of utilities, or sharing of property rights. When the intent of an easement fails to be realized, the results can be dramatic. Conn Kavanaugh is prepared to litigate and try cases to interpret, define, narrow, impose, or even “move†easements. Commercial Evictions and Lease DisputesCommercial leases are becoming ever more complex, with landlords and tenants involving themselves in each other's very businesses. Even without an eviction claim, a lease dispute may involve substantial disputes over amounts owed, construction claims, insurance and indemnification, exclusive uses, and damage to property. In addition, Conn Kavanaugh has litigated and tried numerous commercial eviction cases, on behalf of both landlords and tenants. Our attention to detail is key to an efficient and effective eviction. MunicipalitiesConn Kavanaugh's lawyers currently serve and formerly have served as town counsel and special town counsel to a number of municipalities, including the state's largest town. Prior representation of towns and service on land use boards give our lawyers special insight into the most effective approaches to land use disputes. Conn Kavanaugh currently accepts assignments as special town counsel on land use , civil rights, and construction matters. Our experience in trying such cases leaves principal town counsel to focus on day-to-day town business. Insurance CoverageSecuring insurance coverage -- title insurance, liability insurance, environmental impairment insurance, and surety bonding -- can be the lifeblood of a real estate dispute. Conn Kavanaugh has extensive experience in analyzing policies, pursuing coverage, and litigating coverage claims. Civil Rights and Related LitigationLand use claims can quickly escalate into claims under civil rights law or under specific federal and state legislation related to the use of property. Conn Kavanaugh has experience litigating and trying this type of claim that ups the ante on land use litigation. Tax Abatement ClaimsClients often are faced with what to do when residential or commercial/industrial property is over-valued or over-assessed. An unfair tax impact can be burdensome indeed. The labyrinth of tax abatement procedures to the local Board of Assessors, and then onto the Appellate Tax Board, can be daunting, as tax abatement remedies are governed strictly by statute. Limitations, requirements, and the content of submissions rule the day. Conn Kavanaugh's attorneys have pursued tax abatements successfully through municipalities and in the Appellate Tax Board for over four decades and have the experience and ability to present a successful appeal and abatement for taxation. Hazardous Waste Claims and Litigation Conn Kavanaugh is also prepared when our clients face difficult environmental claims, such as hazardous waste. We work closely with environmental engineers when our clients face governmental demands. Our lawyers have represented clients in both the prosecution and defense of numerous cost recovery actions. Our extensive experience in insurance coverage matters ensures that our clients have effective recovery, and we are prepared to litigate to pursue those rights when necessary. If you wish to inquire further about Land Use and Real Estate Litigation, please contact George M. Ford or James G. Wagner. |
