Michelle O’Brien to Speak at REBA Meeting on Smyth v. Falmouth Regarding Regulatory Takings

Pierce Atwood Litigation, Land Use, and Environmental Law Partner Michelle N. O’Brien will share insights and analysis into this case of first impression that she successfully argued before the Massachusetts Appeals Court. Michelle will address issues raised in the case including:

• Smyth’s claimed right to a jury trial in a regulatory takings case and the appeals court ruling there is no such right.
• Trial evidence presented under the Penn Central balancing analysis, particularly on Smyth’s development expectations and economic impact of Falmouth’s Wetlands Regulations on Smyth’s property.
• Appeals court analysis of the record evidence and ruling on the merits that no regulatory taking had occurred.

This is a meeting of the Litigation and Environmental, Land Use & Zoning Sections, and is open to all REBA members (Real Estate Bar Association of Massachusetts). Click here to attend in person at 295 Devonshire Street in Boston, or here to participate via webcast.