NICHOLAS A PETTINELLA VS. SALVATORE CAVALLARO, JOSEPHONE DEAN AND BARBAR A PAPPALARDO
Mark Griffin successfully represented abutting property owners in appealing the grant of a permit by the Salisbury Zoning Board of Appeals. The Defendants had sought to tear down two existing seasonal beachfront cottages and replace them with a massive nonconforming three family structure which would be occupied throughout the year. The case was decided after trial with the trial judge ruling in favor of the abutters on all of the issues which were litigated.

JPSJB REALTY TRUST II, LLC v. CITY OF NEWBURYPORT, et al.

Mark Griffin represented the landowner in front of the Newburyport Zoning Board of Appeals in an appeal of the Building Commissioner's ruling that the landowner's riverfront lot was not buildable by virtue of its failure to comply with the lot width ordinance. The issues argued on behalf of the landowner were: 1) that the lot width ordinance was unenforceable as written; and 2) that even if it were enforceable the lot dimensions met the strict language of the ordinance. On appeal the Land Court adopted the landowner's reasoning, which for all practical purposes struck down the lot width ordinance in the City of Newburyport.

J. FIELD PROPERTIES, LLC, et al v. RAMSDELL, et al.

Mark Griffin represented the landowner in front of the Newburyport Zoning Board of Appeals for the conversion of a preexisting nonconforming two family residential structure into a three family use. Upon appeal to the Land Court (Miscellaneous Case No.08-389953) both permits were obtained.

TOWN OF NEWBURY v. BROCHER, et al.

Michael Tucker and Mark Griffin successfully defended the landowner from a zoning enforcement proceeding seeking to compel him to cease using his property to conduct a commercial landscaping operation. The case was decided after trial and illustrates how zoning cases can be constructively approved by virtue of failing to meet statutory deadlines for holding hearings and rendering decisions.

ELLIS v. DUNN, et al.

Mark Griffin successfully defended two civil defendants in separate trials. Both decisions were affirmed on appeal.

BOIVIN, et al v. BECKMAN

Mark Griffin successfully defended a landowner whose neighbors claimed the right to unregistered easements for parking spaces over her property by virtue of years of use and a verbal agreement for the purported easements. The case was decided on a special motion to dismiss and attorney fees were awarded to the defendant/landowner. The case further illustrates that submission of land to the registration system can create virtually indefeasible titles and prevent the acquisition of unregistered interests.

MARY ELLEN LABRECQUE VS. BRABO CONDOMINIUM TRUST

Mark Griffin successfully defended the trustees of a condominium trust at the trial of a suit by one of the unit owners. The unit owner alleged the trustees had breached their fiduciary duties by failing to maintain and improve the common areas of the condominium and that the trustees had treated the unit owner unfairly in their application of the bylaws of the condominium. The trial judge found for the defendant trustees on all counts and allowed the trustees to recover their attorney fees for defending the suit.