Practice Areas: General Municipal, Land Use, Litigation
Attorney Weisheit assists the firm’s clients in all facets of municipal, land use, business and general civil law. He has more than 10 years of experience counseling clients on general municipal law, land use and environmental law. His experience also includes representing corporate and individual clients in all phases of litigation.
Attorney Weisheit has represented clients in a broad range of cases, including zoning and wetland permitting appeals, business disputes, and real estate disputes, before various levels of the Massachusetts trial courts. He has extensive experience successfully representing clients before the Massachusetts Appeals Court and the Massachusetts Supreme Judicial Court. Attorney Weisheit often represents municipal clients in enforcement related litigation, including Building Code, Sanitary Code, Wetlands and Zoning enforcement matters. Attorney Weisheit’s experience also includes advising the firm’s clients regarding drafting of land use related bylaws and regulations.
- Town of Norton Conservation Commission v. Pesa, Slip Op. SJC 13058. The SJC held for the first time that Wetlands Protection Act contains a statute of repose that is personal to each new owner of property with existing violation(s) of the Act. Accordingly, Conservation Commissions may pursue enforcement for past violation(s) against each new owner of the property where the violation(s) occurred, so long as such enforcement action is commenced within three years of each new owner’s purchase of the property. In so ruling, the SJC affirmed the broad enforcement authority of Commissions across the Commonwealth.
- Maier v. Eastham Conservation Commission, Barnstable Sup. Ct. No. 1872CV00502 (Aug. 31, 2021). The Barnstable Superior Court (Pasquale, J.) agreed with the Eastham Conservation Commission that the Commission’s local bylaw was more stringently protective of wetlands than state law, particularly with respect to wildlife and erosion control, and that any superseding order of conditions issued by MassDEP could not preempt the Commission’s decision under the bylaw as it was based on protecting those unique values under the bylaw. The judge also agreed with the Commission that the local bylaw is more protective than state law because it directly regulates work in a buffer zone to a resource area and provides sufficient standards by which to evaluate potential harm to wetlands. Accordingly, the Superior Court concluded that the Commission’s decision was not arbitrary and capricious and upheld the Commission’s order of conditions denial decision.
- Brian Farmer v. Town of Georgetown Conservation Commission, 2019 WL 2323747 (2019) (Rule 1:28 Decision). Represented the Georgetown Conservation Commission before the Massachusetts Appeals Court resulting in a decision upholding the Commission’s decision denying an Order of Conditions for construction of a new septic system within a prohibited setback from a wetland resource area required under the Georgetown Wetland Protection Bylaw.
- Robin Downs v. Town of Dennis Conservation Commission, 91 Mass. App. Ct. 1108 (2017)(Rule 1:28 Decision). Represented the Dennis Conservation Commission before the Massachusetts Appeals Court resulting in a decision upholding the Commission’s determination that a new dock project would adversely impact the interests in public recreation and wildlife habitat protected by the Dennis Wetlands Protection Bylaw and the Commission’s accompanying rules and regulations.
- Town of Winchendon v. Brandywine Farms, Inc., Land Court Docket No. 17 MISC 000332 RBF (2017). Represented the Town before the Land Court resulting in a Judgment on the Pleadings in favor of the Town holding that the Town’s fee simple subject to condition subsequent interest in maintaining dams and waterways on Lake Monomonoc had converted into fee simple absolute interest.
Lawson & Weitzen, LLP, Boston, MA
Worked on large and diverse case load including broad range of commercial and environmental litigation matters. Handled all phases of litigation including numerous court appearances.
Drohan Tocchio & Morgan, P.C., Hingham, MA
Handled litigation case load including mix of environmental/land use and general civil litigation matters. Worked on all phases of permitting for commercial and residential development projects including numerous appearances before municipal boards.
Smith & Brink, P.C., Braintree, MA
Conducted investigation and development of direct recovery actions on behalf of insurance industry clients in several state and federal jurisdictions.
Vermont Office of Attorney General (Environmental Protection Division), Montpelier, VT
Law Clerk (2010)
Undertook extensive legal research and wrote legal memoranda on a variety of environmental enforcement issues.
- Massachusetts Bar Association
- Member of Massachusetts Association of Conservation Commissions
- Massachusetts Bar (2011)
- U.S. District Court (Mass.) (2013)
Vermont Law School
Juris Doctor, 2011, cum laude
Master of Environmental Law and Policy, 2011, magna cum laude
University of Richmond
Bachelor of Arts, 2008, cum laude