Shawn M. McCormack

Shawn is fundamentally a land lawyer. The majority of his practice involves litigating zoning appeals. In addition, Shawn litigates disputes involving easements, boundary lines, adverse possession and registered land. Shawn also represents clients before local permitting authorities, in real estate transactions, and in the cannabis industry.

Prior to joining Davis Malm, Shawn served as Law Clerk to the Honorable Gordon H. Piper of the Massachusetts Land Court.

Representative Matters include:

• Represented a Boston real estate firm before the Supreme Judicial Court, successfully overturning a lower court decision in favor of the Massachusetts Department of Transportation. Davis Malm argued that MassDOT could not expand its use of an easement, taken by eminent domain in 1991 in connection with the Big Dig, without further compensation to the landowner. The SJC’s decision reinforces the right of property owners to receive just compensation when the government takes private property, and provides important clarification on the rules for interpreting easements in general, and eminent domain takings in particular.
• Won summary judgment, with award of attorney’s fees in favor of client, in Land Court action involving encroachment on easement over paper street.
• Defended against preliminary injunction and won dismissal of zoning appeal brought by abutter against client concerning commercial property in Worcester County.
• Won Land Court trial where client obtained site plan review for new home and abutters challenged the permits.
• Obtained judgment in Superior Court affirming special permits granted to client following multi-day trial in case involving 87-unit development. Affirmed by Appeals Court.
• Won directed verdict in Land Court trial, successfully defending client’s building against challenge from abutter. This case presented an application of the rule in Connors v. Annino, 460 Mass. 790 (2011), foreclosing the right to seek enforcement by persons who had notice of a building permit, but who failed to challenge the permit in a timely manner.
• Obtained preliminary injunction against town enforcement efforts, allowing client and family to reside in their home during litigation.
• Obtained special permit from zoning board for seller of nonconforming property, enabling owner to close real estate transaction.
• Obtained local permits to allow a cannabis retailer to open storefront on desirable downtown location.