Real Estate Litigation

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1 Real Estate Litigation Goulston & Storrs has an unmatched reputation as a real estate powerhouse being listed by Law 360 as one of the top 10 real estate practices in the country. That reputation underscores the firm s capabilities when it comes to serving our clients real estate litigation needs. When disputes, difficulties, and litigation arise, clients from all over the world turn to our real estate litigators for advice and advocacy because they know firsthand the value we provide given our experience, track record and the personal service we provide. Our advocates include esteemed Fellows of the American College of Trial Lawyers, adjunct professors and lecturers at prominent Boston area schools, a former federal prosecutor, multiple attorneys who hold or have held leadership positions in local and national bar associations, and numerous others who have served as clerks for judges in state and federal courts. Collectively, the lawyers on our team are admitted to practice in multiple U.S. district courts, appellate courts and the United States Supreme Court. They have garnered many years of experience handling almost every conceivable type of real estate litigation (see side tab for Our Experience ). Our litigation attorneys also work seamlessly with lawyers in our bankruptcy, corporate, environmental, finance, real estate and tax groups across all three firm offices. As a result of this collaborative culture, we are able to develop some novel home-grown winning strategies, as well as win-win proposals for successful settlement of prickly disputes. Clients appreciate that we work as a team to provide practical results-oriented counseling within the context of a low-leverage, lean staffing model that insures partner level responsiveness to every matter and cost-effective service delivery. Representative Matters Administrative Enforcement Proceedings Brought by the Environmental Protection Agency and the Department of Environmental Protection Represented property owners in administrative enforcement proceedings brought by the Environmental Protection Agency and the Department of Environmental Protection arising out of alleged illegal landfilling, disposal of hazardous materials and filling of wetlands. Complex Massachusetts Land Court Partition Litigation Resulting in the Sale of Commercial Properties Lead counsel representing a family holding a 50% ownership interest in historic and prominent buildings on Brattle Street in Harvard Square in complex Massachusetts Land Court partition litigation resulting in the sale of the commercial properties for $108M.

2 Easement for Light and Air Represented at the trial and appellate level a property owner in a lawsuit brought by an abutting property owner claiming that an "easement for light and air" prevented the commercial development of a building in a manner that would obstruct the windows of the abutter's building. Lawsuits Alleging Bodily Injury and Property Damage Claims Represented commercial property owners in lawsuits alleging bodily injury and property damage claims arising out of alleged exposure to mold. Matters Involving Structural and Subsurface Failures of Buildings Causing Property Damage and Business Interruption Represented real estate entities in several matters involving structural and subsurface failures of buildings sustained at retail locations throughout the U.S. causing extensive property damage and interruption of business. Representation Involving Significant Property Damage Caused by Construction Activity Lead counsel representing a commercial property owner in state court in Manhattan against a developer in connection with significant property damage sustained to our client s building caused by construction activity at the adjoining property. After a 13-day trial, secured a judgment in excess of $2M, plus an award of attorney s fees. Right to Use a Private Way to Access Property After Claims of Trespass and Nuisance Lead counsel representing a commercial property owner in successfully prosecuting litigation concerning a commercial property owner s right to use a private way to access its property after claims of trespass and nuisance were asserted by fee owner of the private way. Defends Development Approvals Successfully defended development approval from city Conservation Commission and the Massachusetts Department of Environmental Protection for the construction of 100,000-plus square foot retail store. Defense of Businesses in Building/ Structural Failures Representing businesses in connection with a series of structural failures sustained at multiple locations throughout the U.S. occupied by a national retail business requiring the coordination of investigation, engineering and litigation in multiple states simultaneously. Class Action Lawsuit in Cooperative Housing Corporation Defense of a class action lawsuit brought on behalf of the shareholders of a cooperative housing corporation alleging violations of the corporation s affordable housing restriction. Commercial Landlord Representation in Tenant Disputes Representation of commercial landlords in connection with a range of tenant disputes. These matters involve a range of multifamily, office, retail and other commercial property issues. Seek creative solutions to often difficult situations, using summary process eviction as well as reaching amicable resolutions wherever possible.

3 Establishment of Rent During Extension of Commercial Lease Defense of a lawsuit seeking to vacate an arbitration award pertaining to the establishment of rent due during the extension term of a lease for commercial office space. Invalidating Zoning Changes Assisting a real estate developer in invalidating a zoning change adopted by a town in an effort to block its project. Sale by Partition of Historic Property Representation of a family seeking a sale by partition of historic properties in the heart of Harvard Square valued at more than $100M. Special Permits and Zoning Decisions Advocating for parties in proceedings before local zoning and planning boards and in appeals of special permit and other zoning decisions. Boston Redevelopment Authority in Several Domain Matters Related to Boston Convention and Exhibition Center Representation of the Boston Redevelopment Authority in several eminent domain matters related to the Boston Convention and Exhibition Center, and obtained several jury verdicts favorable to the authority. Casualty Losses from Catastrophic Events Handles cases related to casualty losses from catastrophic events, including fires, floods, materials faults and other triggers for extensive building failure. Construction, Building Technology, and Design Disputes Representation in disputes involving construction, building technology failures, and design defects, generally. Defense of Owner and Contractor of Major Office Building Defended an owner and contractor for a major office building against sick building syndrome business interruption and personal injury claims of tenants and employees. Defense of Permitting and Licensure of Bulk Fuel Storage Facility Defended the permitting and licensure of a bulk fuel storage facility, including assembly of a team of experts to support the owner's interests in state and local regulatory proceedings. Investigation and Settlement of Property Damage and Business Claims Investigated and settled property damage and business interruption claims resulting from an electrical fire in a major urban center office building, and subsequently investigated and pursued the subrogation and defense interests of the insurers. Major Office Tower Construction Lawsuit

4 Successfully defended a major office tower construction lawsuit concerning multiple contractor claims involving the use of a large document control database and numerous experts. Massachusetts Bay Transportation Authority in Commuter Rail Development Representation of the Massachusetts Bay Transportation Authority in eminent domain matters related to the MBTA s takings for a new commuter rail line. Multifamily Housing Developer in Lawsuit Representation of a developer of multifamily housing in Brookline, MA in a case where the town and certain abutters sought an injunction to stop the large project. We defeated the injunction and shortly afterward made a motion to dismiss the case which was allowed. National Multifamily Developer in Permit Dispute Representation of a national developer of multifamily housing who was denied a permit to construct a 250-unit multi-family development. After a 4-day administrative hearing at the State Housing Appeals Committee, the Committee overturned the denial and ordered that the municipality grant the permit. Prevailed at State Housing Appeals Committee for Real Estate Development Firm Prevailed at the State Housing Appeals Committee for a real estate development firm, allowing the client to proceed with developing a large multifamily development. Real Estate Owners and Developers in Multitude of Appeals, Cases, Matters, and Agreements Representation of real estate owners and developers in an array of real estate related cases, including commercial landlord/tenant cases, residential subdivision appeals, wetland appeals, MEPA Appeals, Chapter 91 Appeals, Conservation Commission appeals, adverse possession cases, matters involving easements and servitudes, and disputes related to real estate purchase and sale agreements. Summary Judgment for Real Estate Investment Joint Venture Obtained a summary judgment in favor of a joint venture between a private real estate company and a group of investors in defense of permits to develop a large mixed-use property in Cambridge, MA. Summary Judgment in Favor of Developer Over Permit Dispute Obtained summary judgment upholding a comprehensive permit issued to developer of affordable housing project and successfully defended that judgment on appeal in Standerwick, et al. v. Zoning Board of Appeals of Andover, et al., 447 Mass. 20 (2006), identified by Massachusetts Lawyers' Weekly as one of the ten most significant decisions made by the Supreme Judicial Court in National Real Estate Developer Commercial Dispute Representation of national real estate developer in commercial dispute.

5 Our Service Difference We understand that our clients matters are of the utmost importance to them, and we endeavor to partner with our clients to help them achieve the best possible outcomes when they face disputes. We give individualized attention to every case and focus on responsiveness, lean staffing, efficiency, and results. We pay particular attention to the economics of our clients businesses and understand that some cases merit a no-holds-barred approach, others require more restrained effort, and some fall in between. Our real estate litigators are keenly aware of the business context in which many litigation decisions must be made, and we make special efforts to understand our clients objectives so that we can provide them with the best possible advice and representation. Because of our deep experience, we add value for our clients through our early case assessments, which can help identify opportunities for quick and creative resolutions. We also understand that many of our clients will continue to be involved in the real estate industry and wish to preserve their reputations and relationships in the industry. For this reason, we look for creative win-win solutions whenever possible, conducting ourselves as formidable but reasonable adversaries with reputations for professionalism and the highest ethical standards. When our clients decide that trial is necessary to achieve their objectives, we know what is necessary to win at trial and to defend those judgments on appeal. We also do not shy away from hard cases or novel issues. As a result, we have set legal precedents in a number of successful cases of first impression over the years. Indeed, our knowledge and expertise are recognized by our peers and other real estate industry professionals. Our real estate litigators often serve as panelists and presenters at legal education seminars and real estate industry programs. Finally, and crucially, we enjoy what we do. We look forward to helping our clients work through their disputes and position themselves for even greater success in the future. We know from experience that litigation, while usually not desirable, creates opportunities. And we enjoy helping our clients capitalize on those opportunities. Our Clients

6 Our litigators work with real estate owners, developers, investors, REITs, academic hospitals, universities, commercial brokerage and management firms, commercial tenants, investment funds, lenders, and title insurers. We provide advice and advocacy concerning all manner of retail, office, industrial, residential, and mixed use properties, both large and small, in communities at all points on the continuum from urban centers to those just grappling with major development for the first time. Our clients also include non-profit developers and governmental agencies. Our experience in real estate litigation matters cuts across industries. We have handled cases involving properties used for education, health care, government services, retail, restaurant service, recreation, hotels and hospitality, residential housing, affordable housing, office space, and mixed use development. Our Experience We add value at all stages of disputes. At the outset, we provide pre-litigation counseling and case evaluation in order to help our clients resolve disputes without having to resort to litigation. When those efforts are unable to achieve a satisfactory outcome, we advocate for our clients and conduct litigation before state and federal courts and regulatory and administrative bodies, including the Housing Appeals Committee and local planning and zoning boards. We also have extensive experience as advocates in arbitration and mediation proceedings. Our knowledge of the substantive law involved in real estate disputes, and our facility with the procedural intricacies of litigation is second to none. These advantages allow us to achieve our clients' objectives effectively and efficiently, and to obtain for them the best possible outcomes when they face difficult circumstances. The litigators in our group have deep trial and appellate experience in the full range of real estate litigation, including disputes in the following areas: Affordable and Multi-Family Housing Alternative Energy Source Projects Americans With Disabilities Act, Civil Rights Issues and Accessibility Disputes Construction Eminent Domain Environmental Issues Financing HUD Programs

7 Landlord/Tenant Issues Permitting, Land Use, Zoning, and Appeals Leases, Purchase and Sale Agreements, and Other Real Estate Interests Property and Casualty Insurance Real Estate Partnerships and Joint Ventures Tax Abatement and Change of Special Tax Status Title Disputes and Title Insurance Wetlands and Environmental Issues Publications July 1, 2018 Restrictions on Property Transfer Deemed Invalid Massachusetts Lawyers Weekly April 1, 2018 Pro Bono Victories: April 2018 Lawyers Clearinghouse October 2, 2017 Land Court Upholds Board of Zoning Appeal July 27, 2017 Appeals Court Confirms That a Government Building Has the Status of a Pre-Existing Nonconforming Structure When Transferred to a Private Party June 29, 2017 Massachusetts Courts Issue Key Decisions Concerning Zoning and Anti-SLAPP Law March 28, 2017 Important Decision Regarding Pre-Existing Nonconforming Structures January 30, 2017 New Land Court Rule 14 Seeks to Expedite Cases and Lower Costs May 17, 2016 Texts that Bind: Text Messages May Form Binding Real Property Contract