Property
Rights Law
Representation
and counseling includes:
- Property Disputes
- Property Damage
- Environmental Contamination
& Pollution
- Property Development
- Zoning & Land
Use
- Assistance with
building permit applications and site plan reviews
- Special Permits
& Variances
- Representation at
Zoning Board, Planning Board, and Conservation Committee hearings and
meetings
- Appeals of adverse
Zoning & Land Use decisions
- Negotiations of
Contractor and Architect Contracts
- Monitoring the construction
process, inspections, lien waivers, documentation of change orders and
pay orders
- Construction Disputes
- Enforcement of rights
in construction litigation and arbitration proceedings
Attorney
Charles
J. DiMare’s extensive experience as a member and chairperson of a
town’s zoning board provides valuable insight into the legal and
political
considerations that impact zoning and land use decisions.
Examples
of cases the firm has handled include:
Construction
Contract
The firm sued
a building contractor hired to install vinyl siding on a residential
home. After the contractor removed the old siding, workers left the
job site for several days. During that interim period, it rained and
insulation became wet. As a result, the interior walls became
contaminated
with mold, causing the homeowner to suffer respiratory ailments. The
case settled just before trial for $255,000.00.
Environmental
Contamination
The firm
represented
a landowner whose property was contaminated by a nearby gasoline station
when underground storage tanks leaked. The case resulted in full
remediation
of the property and an award of compensatory damages at trial.
Environmental
Contamination
The firm
represented
property owners whose house was contaminated by the overflow of sewerage
from municipal sewerage pipes. The case resulted in a full remediation
of the property and the payment of additional damages.
Zoning
& Land Use
The firm
successfully
represented a landowner in a M.G.L. Chapter 40A appeal of a zoning
board’s
decision concerning the operation of a seasonal business from
residential
property. Land Court, Case No. 284597, Nov. 7, 2003, Lawyers Weekly
No. 14-090-03.
Zoning
& Land Use
The firm
successfully
represented a landowner in a land use & zoning case involving the
erection and maintenance of a teepee on residential property.
