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Nutter McClennen & Fish LLP
Attorneys at Law
www.nutter.com

Real Estate/Land Use and Environmental Litigation

Experience

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.
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.
Permitting and land use litigation of numerous new and upgraded stores for Shaw's Supermarkets, Inc. and Charter Realty and Development Corp.
Service as Special Assistant Attorney General representing the Commonwealth of Massachusetts in connection with all claims arising from the alleged “sick building” status of the “Ruggles Center,” the former home of the Massachusetts Registry of Motor Vehicles. These matters involved extensive personal injury and property damage claims arising from alleged illnesses at the building in question, along with a thirty million dollar claim against the Commonwealth for breach of its lease agreements. After several years of litigation, the matters were successfully resolved with a multi-million dollar payment to the Commonwealth.
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. 
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. 
The MA Appeals Court upheld the Superior Court’s decision affirming client’s zoning permits, which had been appealed by several abutters.
Successfully defending a special permit granted to a retail developer of a South Shore project.
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.
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.
Successfully represented a paper mill in an arbitration hearing involving breach of a construction contract.
Successfully representing the developer of a 299-unit affordable housing project, defeating challenges to the project under the Massachusetts Tidelands and Wetlands Protection Acts.
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.
Successfully trying before a state court jury a land damage claim for a residential homeowner.
On summary judgment, Superior Court dismissed abutters’ appeal of certificates of appropriateness issued by Historic District Commission, and obtained dismissal of subsequent appeal.
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