Land Use Claims in Massachusetts Cities and Towns
Land use disputes often embroil municipalities in difficult, prolonged, and costly litigation. The disputes can be personal and many times involve parties who can afford to expend a great amount of resources to fight public officials who are trying to enforce valid regulations. The claims can be brought in Federal Court by invoking the Civil Rights Act.
A common claim in a land use dispute involving a civil rights allegation is one for violations of equal protection. In order to prevail, a plaintiff must prove that he or she was treated differently than others similarly situated. These suits can be exceedingly costly as they often involve reviewing other decisions made in similar circumstances. In making land use decisions, municipal officials must be aware that if the decision is challenged, the courts will evaluate other decisions they’ve made in order to see if the same or similar standards were applied to them. These lawsuits are very fact-intensive and often require a trial.
BHPK attorneys have had extensive experience handling and resolving land use disputes. Our attorneys have been successful in working out negotiated solutions to the problems, obtaining jury verdicts in favor of government officials, and establishing favorable precedent through appellate decisions.
To schedule a confidential consultation with a lawyer at Brody, Hardoon, Perkins & Kesten, LLP, please call our Boston law office at (617) 880-7100 or complete our online contact form.