Kevin T. Smith has successfully represented both plaintiffs and defendants in lawsuits and other matters for 20 years. Some of the more noteworthy successes are referenced below:
Wins a defendant's jury verdict in the Superior Court in a breach of contract action in which a municipality brought suit against a developer of affordable housing alleging that the developer wrongfully skimmed profits from a housing development built under Chapter 40B. An article about the trial was published in the December 7, 2009 issue of Banker & Tradesman
Wins a jury verdict in favor of an owner of vacant land in an eminent domain case which is 2-1/2 times more than the government's initial pro tanto award
Wins a administrative award of relocation benefits after a trial before the Massachusetts Department of Housing and Community Development which is 5 times more than the government's initial award. See Recreational Amusements of Massachusetts, Inc. v. Massachusetts Turnpike Authority, 74 Mass.App.Ct. 651 (2009)
Wins substantial award in construction defect case for the owner of a ski house against builder and modular home manufacturer
Represents Cape Cod resort and conference center in obtaining permits and approvals for a comprehensive rehabilitation and expansion project in an environmentally sensitive beachfront area
Obtains permits for the rehabilitation and expansion of 60,000 square foot light manufacturing facility in urban building
Successfully defends at trial a multi-million dollar lender liability claim against national banking association
Successfully defends at trial a property owner against claim of adverse possession
Wins declaratory judgment action establishing the existence and location of easement thereby allowing development of land
Acts as co-counsel in successfully defending trade contractor against ethics charges brought by Massachusetts State Ethics Commission
Successfully defends city against claims of public golf course operator
Settles eminent domain case in taking of 20 acre parcel of vacant land in Plymouth County for 3 times the government's initial pro tanto award
Settles eminent domain case in taking of 4 acre parcel of vacant land in Middlesex County for 3 times the government's initial pro tanto award
Settles eminent domain case in taking of commercial building in an urban area for 2 times the government's initial pro tanto award
