George X. Pucci

Zoning

• Brayton Point, LLC Somerset Zoning Board of Appeals, 30 LCR 86 (Foster, J., 2022). Prevailed in zoning and environmental enforcement action, involving five-day trial with twenty-four witnesses, enjoining commercial scrap metal operations at former site of largest coal-fired power plant in New England, shut down and decommissioned in 2017. Established through fact and expert testimony that operations consisting of trucking and outdoor storage of scrap metal for loading onto ships for overseas transport, caused release of dangerous levels of particulate matter into air on and off-site, including down-wind residential neighborhood, resulting in documented and unacceptable risks to public health and safety. Site owner accepted Court’s ruling and brownfield site now being improved and redeveloped as interconnection point for offshore wind.
• Regis College Weston, 462 Mass. 280 (2012).  Successfully defended the Town of Weston and Weston Zoning Board of Appeals in the landmark decision of the Massachusetts Supreme Judicial Court establishing that in order to qualify for the educational use exemption from zoning contained in the Dover Amendment of G.L. c. 40A, §3.  On direct appellate review of a successful summary judgment ruling, the Supreme Judicial Court (“SJC”) affirmed the Town’s position that in order to qualify as a protected educational use under the Dover Amendment, the project proponent had to prove that a bona fide educationally significant goal was the “primary or dominant purpose” of the project proposal.

Environmental

• Heneghan Nantucket Conservation Commission, Nantucket Superior Court (Fahey, J., 2015). Obtained trial judgment for defendant defeating plaintiff’s regulatory taking claim seeking substantial damage award based on defendant Commission’s denial of permit allowing reconstruction of summer residence destroyed by wave action along eroding shoreline.
• Squam Partners Nantucket Conservation Commission, 91 Mass.App.Ct. 1118 (2017) (Rescript). Successfully defended Conservation Commission’s denial of elevated walkway over bordering vegetated wetlands based on potential adverse impact on wildlife habitat, despite de minimis impact to the wetland itself.
• Woods Massachusetts Dept. of Env’l Protection and Wellfleet Conservation Com’n, 2011 WL 7788022 Barnstable Superior Court (Nickerson, J.). Obtained dismissal of claims asserted against local conservation commission on grounds that its alleged failure to enforce wetland permit conditions does not give rise to a constitutional takings or due process claim by downdrift property owner adversely affected by permitted coastal rock revetment.
• Minute Man Airfield, Inc. Conservation Com’n of Boxborough, et al., 77 Mass.App.Ct. 1123 (2010) (Rescript). Obtained successful summary judgment decision, affirmed by the Massachusetts Appeals Court, ruling that state and federal aeronautics safety regulations do not preempt local wetlands jurisdiction over a proposed vegetation management plan to preserve visibility in navigable airspace.
• Gobbi Texaco, Inc., et al., Norfolk Superior Court (Brady, J., 2009). Successfully defended private gas station operator in five day jury trial of environmental contamination claim under G.L. c.21E.  At the close of evidence, obtained directed verdict precluding assessment of damages following co-defendant’s settlement of plaintiff’s clean-up claim for $425,000.

Telecommunications

• T-Mobile Northeast, LLC Town of Weston, et al., (D. Mass. 2012). Successfully defended appeal under Federal Telecommunications Act of zoning board’s denial of variances to permit construction of a telecommunications tower at a disfavored site location.  Challenged plaintiff’s expert opinion on radio frequency engineering issues, resulting in plaintiff returning to work cooperatively with Town to locate the tower at favored municipally-owned site along with a mutually beneficial revenue sharing agreement.
• Plymouth Boston Edison Co., 71 Mass.App.Ct. 1107 (2008). Successfully appealed adverse summary judgment decision ruling that easement granted to Boston Edison in 1960’s allowing construction of lines for transmission of electricity, including lines for “communication, signal and control purposes,” entitled Edison’s successor, NSTAR, to lease space to wireless telecommunications carriers on infrastructure located in area of easement.  Reached settlement agreement post-appeal amending easement allowing co-location and revenue sharing with Town.

Real Estate

• Pappas Daniels, Norfolk Superior Court (Leibensperger, J., 2015). Successful bench trial, affirmed on appeal, of a dispute arising from failed $2.3 million residential real estate purchase and sale agreement.  Obtained judgment in excess of $180,000 after establishing through expert testimony, and cross-examination of defendant’s expert, that defendant lacked good and clear record and marketable title to convey the property, thereby excusing plaintiff’s failure to close on the property on the agreed closing date.
• Bakis Pagounis, Norfolk Superior Court (Brassard, J., 2003). Obtained $900,000 in settlement of counterclaim asserted in defense of a commercial real estate contract dispute after three days of trial.

Contract

• Town of Weston President and Fellows of Harvard College, et al., Middlesex Superior Court (2015). Successfully litigated breach of contract and G.L. c.93A lawsuit enabling Town to complete $13 million acquisition of Harvard College-owned surplus real estate, key to Town’s municipal planning, along with Harvard’s environmental remediation of contamination on property under Massachusetts Contingency Plan.
• Dedham Home Depot, Norfolk Superior Court (2000). Obtained substantial six figure settlement of breach of contract claim to fund engineering analyses to determine the extent of roadway and infrastructure improvements necessitated by a box-store commercial development.
• Hopedale Alderman & MacNeish, Inc. 2001 WL 544024, 13 Mass.L.Rptr. 91 (Mass.Super.2001). Obtained six figure settlement of architectural malpractice claim after successful summary judgment ruling in which Court accepted Town’s argument that defendant architect was subject to six year statute of limitations governing contract actions for breach of express warranties, versus three year limitations period ordinarily applicable to professional negligence claims, based upon architect’s acceptance of higher standard of care than that contained in standard AIA contract.

Open Space/Urban Renewal

• Winchendon Dillon Investments, LLC, Lawyers Weekly No. 14-147-08 (Land Court, Scheier, C.J., October 30, 2008). Prevailed at trial of Town’s claim seeking specific performance of option to purchase more than 700 acres of valuable forestry land under G.L. c.61.  Defeated defendant/developer’s arguments that 1) Town waived specific performance rights by accepting developer’s payment of roll-back taxes and re-classifying property as unrestricted land after developer’s purchase of property, and 2) that if Town were to prevail on its specific performance claim, land had fair market value of $1.8 million, versus $1.2 million dollar purchase price tendered by Town.
• Middleborough Freitas, Plymouth Superior Court (2003). Successfully litigated vigorously contested Chapter 61A agricultural land case as special counsel for the Town of Middleborough, arguing that owner’s “indicia of intent” to convert protected, agricultural land for future development as residential subdivision was enough to trigger Town’s specific performance rights under G.L. c.61A.  Reached favorable settlement during trial enabling Town to partner with The Nature Conservancy and the homeowner, in order to preserve an historic agricultural landscape along the Nemasket River in Southeastern Massachusetts.
• Winchendon Boyd, Land Court (2007). Obtained $583,706 in settlement of a contested Land Court foreclosure action, including 16% interest and attorneys’ fees, after defeating defendant/developer’s summary judgment argument that flaw in Town’s original notice of taking voided any foreclosure action against subsequent purchasers until tax taking process was initiated anew.
• City of Springfield. Successfully resolved hundreds of downtown real estate tax title delinquencies for the City of Springfield to assist in the City’s economic recovery and urban revitalization efforts.

Chapter 40B

• Dennis Housing Corp. Zoning Board of Appeals of Dennis, 439 Mass. 71 (2003). Landmark decision clarifying definition of “local boards” subject to jurisdiction under Massachusetts Comprehensive Permit Act, G.L. c. 40B, §§ 20-23, and Regulations, 760 CMR 56.00.
• Adams Road Trust Grafton Board of Appeals. Successfully defended Grafton Zoning Board of Appeals in seven day trial of developer’s appeal of a G.L. c.40B comprehensive permit decision. Obtained ruling from State’s Housing Appeals Committee upholding validity of Board’s denial of extension of Town water to proposed 40B development on grounds that proposed extended water line would result in an increased likelihood of development through an area where the Town had intended to preserve rural character for open space purposes and natural resource protection, and that local needs thus outweighed need for affordable housing with respect to water line issue.