Brian C. Levey
Principal
vCard
- Administrative Law
- Alternative Dispute Resolution
- Appellate Litigation
- Citizen Suits
- Commercial Litigation
- Complex Project Permitting
- Environmental Litigation
- Historical and Archeological Resources
- Land Use and Natural Resources
- Land Use and Natural Resources - Environmental
- Real Estate Litigation
- Takings Law
- Takings Law - Land Use
- Wetlands - Environmental
- Environmental
- Land Use
- Litigation
- Cornell University (B.A., 1980)
- George Washington University (J.D., 1983)
- Massachusetts
- District of Columbia
- U.S. District Court, District of Massachusetts
- U.S. Court of Appeals, First Circuit
- International Council of Shopping Centers, Program Planning Committee
- NAIOP, Massachusetts Chapter, Growth Committee
- National Association of Home Builders
- Board of Directors, Home Builders Association of Massachusetts
- Builders Association of Greater Boston
- North East Builders Association of Massachusetts
- Real Estate Bar Association, Land Use and Zoning Committee
- Real Estate Curriculum Advisory Committee, Massachusetts Continuing Legal Education, Inc.
- Executive Committee, Abstract Club
- Cornell Real Estate Council
Mr. Levey, a Principal with Beveridge and Diamond, P.C., has more than twenty years of project development experience before permit-granting authorities and in court.
PERMITTING
Mr. Levey's real estate development and land use and zoning law experience focuses on the representation of builders, developers, and property owners seeking all types of permits and approvals — special permits, site plan approvals, variances, and comprehensive permits — before dozens of boards throughout Massachusetts. His environmental practice focuses on permitting matters before local boards and state agencies on wetlands and Title V matters. Representative project approvals include residential subdivisions, affordable housing projects, retail stores, shopping centers, restaurants, telecommunications towers and assisted living facilities. In addition to property owners and developers, his clients include educational and religious nonprofit institutions and project abutters and neighborhood associations. He also has experience serving as special counsel to boards.
LITIGATION
When necessary, Mr. Levey pursues project approvals in trial courts — Massachusetts Land, Superior or U.S. District Court for the District of Massachusetts — and appellate courts — Massachusetts Appeals Court, Supreme Judicial Court, and U.S. First Circuit Court of Appeals. His litigation experience includes all types of real estate disputes including adverse possession, quieting title, registration, breach of contract, specific performance, nuisance, and obtaining injunctive or declaratory relief. Representative cases include regulatory takings, disputed transactional documentation, determinations of the validity of zoning amendments or deed restrictions, and challenges to or defense of easements, rights of way, or other interests in land.
PRESENTATIONS
- REBA Annual Meeting & Conference
- MCLE Educational Programs
- BAGB, NEBA, NAIOP - MA Chapter Presentations
Alphabetical List
Practice Contacts
- Massachusetts SJC Defines Trigger for MEPA Appeal Period
- Six Beveridge & Diamond, P.C. Attorneys Named to Best Lawyers® for 2010
- Legislative Process Begins on Wind Energy Siting Reform Bill
- Massachusetts Appeals Court Deals Blows to Decisions under Local Wetland Bylaws
- Massachusetts Appeals Court Rules Abutters Have Standing to Appeal Based on Density Impacts
- Massachusetts Housing Appeals Committee Declines to Review Project Compliance with Federal and State Environmental Cleanup Standards
- Massachusetts SJC Rules on Availability of Eight-Year Zoning Freeze in Cases of Constructive Approval of Subdivision Plans
- Massachusetts SJC Rules on Availability of Process Zoning Freeze after Rescission of Constructive Approval
- Sewer Banking Charges Found to Constitute an Unlawful Tax - Court Orders Return of “Fees” to Developers
- Massachusetts SJC Rules Town Cannot Bring Independent Challenge to DHCD Calculation of Subsidized Housing Inventory
- Massachusetts SJC Decision Overturns HAC Use of De Facto Denial
- Recent Case and Amended DHCD Regulations Address Date for Calculating Affordable Housing Stock
- Appeals Court Annuls and Affirms Subdivision Plan Rescissions in Separate Decisions
- Chapter 40B Developer May Lift Age Restriction After Project is Constructed
- SJC Rules that Increasing the Size of a Residence on an Undersize Lot Increases the Nonconformity Triggering the Need for Zoning Relief
- DHCD Issues Chapter 40B Guidance in Response to Massachusetts SJC Decision
- New Massachusetts Law Allows Consolidation of Certain Planning Board Hearings
- Reversing Appeals Court, Massachusetts SJC Rules Abutter Standing Cannot Be Based on Bylaw Alone
- Comprehensive Permit Appeal Procedures Clarified by SJC
- Massachusetts Appeals Court Invalidates Major Residential Development Special Permit Requirement in Westwood Bylaw as Inconsistent with Subdivision Control Law
- Massachusetts Court of Appeals Affirms Relocation of Beach Easement under M.P.M. Builders
- SJC Rules HAC Cannot Compel a Grant of Town Easement as Condition of Comprehensive Permit
- Claim Against Abutters Filing Multiple Appeals Dismissed Under Anti-SLAPP Statute
- MassHighway Issues Highway Access Regulations
- New Regulations Aim to Streamline Wetlands Appeals at MassDEP
- SJC Determines Conservation Commission’s Failure to Timely File Produces a Null Decision but not Constructive Approval
- Massachusetts EEA Issues Final MEPA Greenhouse Gas Policy and Protocol
- MassDEP Proposes Regulatory Changes to Streamline Wetlands Appeals
- Municipalities May Issue Comprehensive Permits after Reaching Affordable Housing Thresholds
- Town Cannot Avoid Full Hearing on Comprehensive Permit Application
- Massachusetts Creates Permitting Session of Land Court to Expedite Judicial Review
- Recent Developments in Massachusetts Land Use Law
- Crossroads Plaza Gets a Green Light
Commercial Development's New Tools for Towns
Massachusetts Zoning and Land Use Law, Lexis Law Publishers