Real Estate and Environmental Litigation

Given the high value of New England real estate and the frequently complicated local political dynamics at play, disputes over land can be some of the most complex and high stakes.  Pullman & Comley’s seasoned litigators work in tandem with our industry-leading Real Estate, Environmental and Property Valuation practices to deliver practical legal solutions to even the most challenging real estate, environmental and land use disputes. 

We advise and aggressively pursue rights in State and Federal Courts on behalf of property owners, landlords, commercial tenants, banks, developers, and energy companies in transaction disputes, foreclosures, summary process, boundary disputes, trespass and nuisance claims, environmental controversies and much more. We also handle land use appeals before administrative agencies and in Superior and Appellate Court. Additionally, our attorneys regularly engage in Alternative Dispute Resolution (“ADR”) to seek favorable solutions for our clients’ real estate and environmental disputes.

Transaction disputes, foreclosures, summary process and fair housing matters

• Represented landlords and commercial tenants in summary process (eviction) matters and related collection actions, including prejudgment remedy and attachment proceedings
• Foreclosed on multi-millions of dollars of mortgaged properties and represented secured lenders in receivership proceedings
• Represented developers and landowners in breach of purchase and sale agreement, fraud or misrepresentation, and scope of easement claims
• Defended multiple Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA) and related federal and state claims brought against banks
• Defended many landlords and condominium associations in Connecticut Commission on Human Rights & Opportunities (CHRO) fair housing and reasonable accommodation matters
• Defended banks in all manner of lender liability claims ranging from breach of the implied covenant of good faith and fair dealing claims, to RICO allegations, to purported partnership and fiduciary duty breaches

Boundary and Use Disputes

• Appeared in neighbor dispute actions claiming adverse possession, proscriptive easements and other boundary line contests 
• Represent land owners in eminent domain disputes and public and private tasking actions
• Negotiated resolution to easement dispute between neighboring condominium associations
• Assembling multiple interested parties and funding sources for the acquisition of open space
• Secured dismissal of criminal mischief and trespassing charges stemming from residential neighbor property dispute

Trespass, nuisance and Environmental Claims

• Prosecuted and defended claims under the Connecticut Environmental Protection Act (Conn. Gen. Stat 22a-14 et sq.) for trespass and nuisance to property, including several claims involving oil contamination
• Defended municipalities in Clean Water Act Enforcement actions
• Condemnation of environmentally impaired property, taking into account the anticipated costs of remediation
• Defense verdict after trial for solar farm developer in stormwater runoff litigation

Land use appeals

• Represented clients in zoning disputes at the local administrative level, in the appeals to the state court, and in federal court civil rights actions
• Successful defense of municipality and its land use agency accused of conspiratorial conduct designed to thwart a development project
• Successful defense of a municipality accused of improper regulation of a nonconforming use and violation of property owners constitutional rights to permits in connection with an open pit mining operation
• Several negotiations resulting in compromised resolutions between developers and municipalities over contested 8-30g Affordable Housing Projects

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