Real Estate Litigation Cases

Jonathan W. Fitch and Robert C. Boutwell obtained the dismissal of a petition for mandamus review in the Superior Court on behalf of our client The Nantucket Islands Land Bank. The Court found that a group opposing a Land Bank playground project lacked standing to maintain the action.

After six years of litigation over a deceptive real estate transaction, Coldwell Banker paid our client $872,000 in attorneys' fees, litigation costs and interests. The settlement was reached after the Massachusetts Appeals Court affirmed the award of the lower court in a case the trial judge called a 'preposterous fraud' perpetrated upon our clients. Jonathan W. Fitch represented the plaintiffs.

Jonathan W. Fitch won a case in the Massachusetts Appeals Court and successfully defend a judgment of the Land Court finding that our client's property was entitled to grandfathered status under the Nantucket Zoning By-Law. Read the decision of the Appeals Court in Julius Jensen, Third v. Nantucket Zoning Board of Appeals.

Jonathan Fitch obtained judgment of $3,878,548.90 against defendant who defrauded our clients in the purchase of a residential condominium. See Memorandum and Order.

Representing clients who were defrauded in the purchase of a home, Jonathan Fitch obtained a jury verdict on multiple counts. The jury found the lawyer who represented our client in the purchase of the home liable for legal malpractice and that the lawyer and the law firm representing the seller had committed fraud. The judge later entered a finding that both the real estate broker and the seller's lawyers had also violated the Consumer Protection Act, Mass. Gen. Laws Chapter 93A. Our clients were awarded double damages and their attorneys fees.

Jonathan Fitch won a trial in the Land Court for the owner of valuable undeveloped land near the Dionis Beach on Nantucket. Over the objection of a neighbor, the Court found that the Nantucket Zoning Board of Appeal did not err in finding the premises entitled to grand-fathered status and therefore suitable for the construction of a single family home .

Jonathan Fitch and Elizabeth Koenig won summary judgment in the Land Court for Nantucket in a case in which the firm's client had been denied a building permit on the basis of erroneous interpretations of the local zoning by-law and applicable state statute. The Court agreed that by virtue of the derelict fee statute, the client owned to the midline of the abutting private way and that a water well located under the private way satisfied the building permit requirement of demonstrating an availability of water on the property. The Court ordered that a building permit be issued to the firm's client.

Jonathan Fitch won a trial in the Land Court for Nantucket awarding the firm's client specific performance of an agreement for the purchase and sale of an historic residence. The Court found that the Seller had not used "reasonable efforts" to remove a federal tax lien and ordered the property conveyed to our client free from the lien.

Jonathan W. Fitch won appeal, and defeated an attempt for a rehearing, successfully defending judgment entered after trial, in a case involving complex issues concerning estoppel by deed, equitable estoppel, a distinction between warranty deeds and quitclaim deeds, and adverse possession. Conte v. Marine Lumber Co., Inc., 66 Mass. App. Ct. 505 (2006), Rev. Denied, 447 Mass. 1109 (Sept. 11, 2006).

Jonathan W. Fitch won trial for defendant in case involving claim to title of valuable undeveloped property on Nantucket.

Jonathan W. Fitch obtained summary judgment in a complex matter establishing client's right to develop valuable land on Nantucket.

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