Real Estate Litigation Case History
1. Rte. 3A Scituate Trust v. Town of Scituate, Massachusetts
Albert Farrah was trial counsel and successfully represented the owner of a 34 acre parcel of land in litigation against the Scituate, Massachusetts Planning Board, which had rejected the owner's subdivision plan. After a three day jury waived trial before the then Chief Justice of the Massachusetts Land Court, judgment was entered for Mr. Farrah's client, reversing the Planning Board's decision and ordering the Board to approve the subdivision.
2. Andover, Massachusetts Zoning Appeal
Albert Farrah represented the developer of an office/warehouse building in Andover, Massachusetts against a lawsuit filed by a group of residents claiming that the Andover Planning Board wrongfully issued a special permit to Mr. Farrah's client for the development of the office/warehouse building. After conducting depositions of the residents, Mr. Farrah was able to secure summary judgment prior to trial of the action against those residents on the grounds that they had no standing to bring suit. Mr. Farrah won the case because the residents were unable to demonstrate that the effects of this proposed development upon them were special and different from the effects of that development generally on others in the town.
3. Joseph F. Perroncello v. Paul J. Donahue, Trustee of 198 Beacon Street Realty Trust, Appeals Court Docket #2003-P-1614
On appeal, Albert Farrah secured reversal of summary judgment against his client, Paul J. Donahue, Trustee of 198 Beacon Street Realty Trust, the seller a Boston apartment building, and an order that the buyer, Joseph Perroncello, breached the agreement to purchase the building, and therfore should forfeit the $150,000 deposit.
After signing an agreement to purchase and to close on May 3, 1998,Perroncello, who, by his own admission was uanble to perform on the original, and later the extended, date for closing, brought suit and secured a lis pendens. READ MORE
4. Norman Levenson, Trustee v. Kamran Zahedi, et al, Suffolk Superior Court C.A. #00-1837F
Albert Farrah successfully represented the purchaser / developer of land in Boston's Fenway against an adverse possession action brought by the owner of an abutting apartment building, claiming ownership of a strategic portion of that land. After a six day trial, a Suffolk Superior Court jury determined that, despite the fact that the abutter had fenced in the land in question, his use of the land had not been exclusive, and thus returned a verdict for Mr. Farrah's client.
