Real Estate Litigation
- Successfully arbitrated a complex partnership dispute involving claims of breach of fiduciary duties in connection with the management of 3 mixed-use buildings in midtown Manhattan. Secured a $31 million award on behalf of the client, which directed that the partnership be dissolved and that there be an open market sale of the three properties.
- We represented the managing director of a national real estate company accused of violating ethical standards relative to his real estate brokerage license. We vigorously defended our client in licensure proceedings and avoided any finding of fault, allowing both the managing directors and the company’s national reputation to remain intact. Secured dismissal of department of licensure claims against real estate broker/appraiser.
- Represented private university in connection with proceedings before Boston Landmarks Commission regarding official landmark designation.
- Represents joint venture between international hotel company and leading global investment firm in dispute with landowner regarding rights to 100+ year leasehold interest in a high-value Boston hotel property.
- Argued an appeal of a Comprehensive Permit before the Supreme Judicial Court, which affirmed our client’s Comprehensive Permit for a residential development of approximately 150 units.
- Represented a privately owned New York real estate development company in the prosecution and successful settlement of an arbitration against a South Carolina real estate development company over an agreement governing the client’s first-of-its-kind development of LEED certified homes.
- Defended the developer of a mixed use project, which included over 60 residential units, in an appeal brought by a competing shopping center.
- Represented a national commercial real estate operator in one of the largest bankruptcy proceedings ever brought in the District of Massachusetts involving claims owed on the premier office tower in Boston — at the close of Mintz Levin’s presentation of evidence in the trial, the debtor agreed to pay $679 million to our client.
- Represented a 50% owner of real properties (commercial and residential) in in management dispute with the co-owner of the same real estate.
- Obtained summary judgment on behalf of developer in an action challenging of municipality’s inclusionary zoning determination.
- Obtained a favorable settlement on behalf of a landlord against an installer and manufacturer of a roofing product in connection with a 500,000 sq. ft. warehouse facility.
- Representing the fund manager of a shariah compliant real estate fund in a matter commenced by the fund’s sponsor. The dispute relates to the fees paid to the fund manager. We are representing the fund manager in the SDNY litigation and the related SEC investigation.
- Obtained dismissal of lawsuit brought by a municipality challenging a funding agency’s determination of eligibility for a Comprehensive Permit.
- Defended mall owners in an appeal by neighboring entities of a subdivision approval and variances issued in connection with development for a new anchor tenant, obtaining summary judgment on standing grounds.
- Represented 50% owner of LLCs that hold hundreds of millions of dollars in real estate in arbitration over management and potential dissolution of the LLCs.
- Served as lead counsel and obtained a favorable judgment transferring several million dollars of real estate into a trust for his clients’ benefit.
- Represented an individual in a nine-month arbitration in which our client sued to protect its minority interest in a billion-dollar real estate from claims by the majority that a forced sale was warranted at a dramatic discount. The arbitration panel rejected that claim, preserved the full value of our client’s interest, and awarded attorney’s fees to our client.
- Successfully represented a large, well-known franchise owner in opposing eviction actions by a landlord and negotiated terms of new leases for the client.
- Represented the plaintiff, a major real estate company, in the first and only case in the history of Massachusetts to succeed in overturning an eminent domain taking on the ground of municipal bad faith.
- Obtained a trial verdict upholding the denial of access right to a road district.
- Obtained a successful settlement on behalf of a landlord in connection with a 20-year lease.
- Represented a college and a private secondary school in suits by neighbors challenging permitting for athletic fields.
- Defended a real estate advisor and property management company in a lawsuit by 20 property investors alleging fraud, negligence, California Corporations Code violations, UCL (§ 17200), and other claims. Successfully eliminated all but contract claims and obtained early dismissal with prejudice of two defendants.
- Represented and advised a client in connection with potential disputes over rights to develop solar energy on properties located throughout the US.
- Obtained a decision by the New York Appellate Division to set aside the jury verdict against our client, a high-profile real estate developer, in a race discrimination case.
- Successfully appealed to the DHCD a municipality’s determination that it had achieved an affordable housing statutory minimum.
- Brought an appeal of a special permit issued to allow the construction of a wind turbine on behalf of nearby land owners.
- Represented a corporation in a landlord/tenant dispute regarding modification issues.
- Obtained attachment and preliminary relief in connection with amounts owed under a commercial lease.
- Represented major real estate developer concerning a dispute with its landlord over lease terms and eviction notice.
- Represents owner of Back Bay building in dispute with tenant on damages to building resulting from substantial tenant improvements.
- Secured summary judgment and leveraged successful settlement for joint venture fund client in a dispute over ownership rights associated with an $80 million+ hotel property.
- Secured reversal in Court of Appeal of denial of municipality client's anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed in response to one of numerous lawsuits brought by local developer, asserting breach of contract based on political activities of elected officials.
- Obtained first-of-its-kind victory for landlord client in the seminal case interpreting Massachusetts’ COVID-19 Eviction Moratorium and its impact on commercial landlords’ remedies.
- Secured a comprehensive trial victory on behalf of a real estate client involving its one-of-a-kind residence in one of the most exclusive locations in San Diego. In a two-week bench trial, our team successfully defended the client’s property rights against defendants' violations of a restrictive covenant. Ultimately, the court agreed that the defendants' actions violated the covenant, ordered them to remove completed improvements constructed, and enjoined defendants from attempting to construct any other improvements in violation of the covenant, in addition to ordering recovery of attorney’s fees.
Case Study
Mintz’s California Land Use Practice Group counsels clients on avoiding or minimizing litigation risk and expense through arbitration and other contractual provisions, insurance policies, agreements with guarantors, and cost-effective litigation strategies. We also advise developers on California-specific environmental and wage laws.
Case Study
When a neighboring landlord threatened to derail our client’s development, Mintz identified and prosecuted a creative solution that prevailed in court — bringing a much-needed housing and commercial center to the San Diego marketplace.
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When the former acting managing partner of a New York real estate partnership misappropriated partnership monies and assets, a Mintz team led by attorney Chris Sullivan obtained a $31M award for damages.
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Mintz helped Hollis Hills obtain a comprehensive permit from the Massachusetts Housing Appeals Committee to construct affordable housing in Lunenburg, Massachusetts under the state's Chapter 40B affordable housing law. Mintz appealed the Lunenburg Zoning Board of Appeals’s denial of the application.
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Mintz litigators won an $8.5 million jury verdict for Joe Tecce’s Ristorante in Boston’s North End in a case against the Massachusetts Department of Transportation. The Tecce’s sued over lost sales associated with business disruption during the state-funded “Big Dig” construction project.
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A bicoastal Mintz team won a trial about a commercial lease for a provider of auction services in the power sports industry. The client saved $4 million in rent payments for the 133,000-square-foot building on eight acres as well as landlord costs.
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A Mintz team’s trial win for a real estate client defeated a neighboring property owner’s attempt to shut down the client's shopping center. Mintz attorneys defeated the plaintiff’s claim in just four hours of trial and secured a $4 million reciprocal parking agreement for the client.