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Land Use Litigation

Courts adjudicate the rights of individuals, businesses, associations, and community organizations as they relate to wide-ranging circumstances involving the development and use of land. These cases generally arise out of local, state, or federal government action in the form of regulatory decisions, enforcement proceedings, development activity on the government’s own property, and the taking of private property.

Our Land Use Litigation practice group is renowned for our full-service practice, reflecting our familiarity and comfort with the full spectrum of land use laws, regulations, and procedures. Our clients rely on our comprehensive understanding of federal and state constitutional principles, as well as our advice and unwavering trial support based on years of experience in hotly contested trials and appeals at all levels of state and federal courts

Our Services

We are proficient in all aspects of litigation relating to land use and development and property rights—in the Northeast states where we are based, and nationwide. We represent clients in litigation arising from state and local administrative decision-making and in challenges to regulatory enactments.

We also handle regulatory takings, eminent domain and condemnation cases and represent clients in litigation under specialized federal statutes, such as the Religious Land Use and Institutionalized Persons Act (RLUIPA) Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Fair Housing Act. Our services include:

  • Representation of nationally active Fortune 100 companies that have a large portfolio of properties that frequently require we defend their acquisition of permits and entitlements from hostile opponents
  • Regular representation of municipal governments in federal court defending against claims asserted under the Religious Land Use and Institutionalized Persons Act (RLUIPA)
  • Representation of commercial landowners in eminent domain proceedings either to stop a taking from happening when the governmental action is not truly for a public purpose or to maximize the recovery of just compensation   

Our Team

Our Land Use Litigation team provides seamlessly integrated legal services by collaborating with colleagues throughout our firm’s diverse practice areas. Our clients benefit from the combined knowledge, experience, and proficiency of our Construction; Environmental, Energy + Telecommunications; Land Use; and Litigation practice groups.

Our top-tier Land Use Litigation practice group is well-versed in the challenges our clients face in wide-ranging circumstances surrounding the development and use of land. Our trial lawyers are equipped to uphold your rights within complex regulatory environments—through litigation at all levels of the state and federal court systems.

Publications


Legal Update: An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19 teaser
April 13, 2020

Legal Update: An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19

February 1990

The First Amendment in Land Use Law

 ALI-ABA Course Materials Journal

"The First Amendment in Land Use Law," published in ALI-ABA Course Materials Journal (2/1990)

Legal Update: An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19 teaser
April 13, 2020

Legal Update: An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19

February 1990

The First Amendment in Land Use Law

 ALI-ABA Course Materials Journal

"The First Amendment in Land Use Law," published in ALI-ABA Course Materials Journal (2/1990)


News


December 13, 2021

Boston Magazine Names Seven R+C Lawyers as a Top Lawyer 2021

Seven Robinson+Cole lawyers —Kendra Berardi, Julianna Charpentier, Michael Giaimo, Matthew Lawlor, Seth Orkand, Kenneth Sherman and Timothy Twardowski—were recognized as a Top Lawyer 2021 by Boston Magazine. The inaugural list, issued in the December 2021 edition of the magazine, included 1,099 best lawyers in the region, as chosen by their peers. Lawyers were invited to nominate up to three of their peers in a select number of law specialty categories. Congratulations on this well-deserved recognition!

Boston Magazine
November 1, 2016

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 3 National Rankings in Latest U.S. News –Best Law Firms Survey

October 4, 2016

Land Use Litigation Lawyers Present at Touro Law Center

December 13, 2021

Boston Magazine Names Seven R+C Lawyers as a Top Lawyer 2021

Seven Robinson+Cole lawyers —Kendra Berardi, Julianna Charpentier, Michael Giaimo, Matthew Lawlor, Seth Orkand, Kenneth Sherman and Timothy Twardowski—were recognized as a Top Lawyer 2021 by Boston Magazine. The inaugural list, issued in the December 2021 edition of the magazine, included 1,099 best lawyers in the region, as chosen by their peers. Lawyers were invited to nominate up to three of their peers in a select number of law specialty categories. Congratulations on this well-deserved recognition!

Boston Magazine
November 1, 2016

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 3 National Rankings in Latest U.S. News –Best Law Firms Survey

October 4, 2016

Land Use Litigation Lawyers Present at Touro Law Center

November 2, 2015

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 4 National Rankings in U.S. News – Best Law Firms Survey

November 3, 2014

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings in U.S. News – Best Lawyers Survey

May 13, 2008

Robinson & Cole Attorney Serves as Panel Member and Presenter at Omaha by Design

January 3, 2007

Robinson & Cole LandLaw Partner Hosts Lunch for Mayor of Joao Pessoa, Brazil

October 26, 2006

Robinson & Cole Attorney Publishes Article on Progress in Massachusetts Smart Growth Zoning Law

CNU New England Quarterly Webzine

November 2, 2015

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 4 National Rankings in U.S. News – Best Law Firms Survey

November 3, 2014

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings in U.S. News – Best Lawyers Survey

May 13, 2008

Robinson & Cole Attorney Serves as Panel Member and Presenter at Omaha by Design

January 3, 2007

Robinson & Cole LandLaw Partner Hosts Lunch for Mayor of Joao Pessoa, Brazil

October 26, 2006

Robinson & Cole Attorney Publishes Article on Progress in Massachusetts Smart Growth Zoning Law

CNU New England Quarterly Webzine