Lurie Friedman has substantial experience litigating, arbitrating and mediating a wide variety of real estate and land use disputes, including:
• Zoning, including variances, special permits, Dover Amendment issues, c. 40B developments, building height limitations, spot zoning, municipal and Attorney General approval of bylaw amendments, open space issues, and standing to sue
• Purchase and sale disputes
• Environmental contamination and nuisance claims
• Environmental regulation, including state and federal environmental review processes
• Facility siting, including landfills, recycling and composting facilities, asphalt plants, IndyCar street races, educational buildings, railroads, and cannabis sales locations
• Permitting challenges
• Condominium disputes
• Eminent domain, including challenges to and advancement of state and municipal takings
• Urban renewal plans
• Regulatory takings
• Construction disputes of all kinds including construction defects, architectural malpractice, warranties, mechanic’s liens, delay claims, unforeseen conditions, bid disputes, and MBE/WBE/DBE utilization
• Breach of lease/commercial evictions/COVID 19/force majeure, frustration of purpose, and impossibility of performance issues
• Operating expense and real estate tax disputes
• Brokerage commissions
• Historic preservation
• Article 97
• Tidelands and wetlands
• SLAPP lawsuits
• Title, easement and restrictive covenant disputes
• Low-income housing tax credit project disputes concerning rights of first refusal, purchase options, valuation, capital accounts, and fiduciary duties, including representation of both general and limited partners
We pride ourselves in having the attention to detail necessary to be successful in these cases, while understanding the big picture of how these cases fit into our clients’ overall land use objectives.
We handle real estate disputes in federal and state courts, including Land Court, and before federal, regional, state and local administrative agencies. We represent developers, abutters, competitors, citizen groups, and municipalities.
Real Estate / Land Use – Cases of Note