Donald R. Pinto, Jr.

Director 

dpinto@rackemann.com

vCard

Tel: 617-951-1118
Fax: 617-542-7437

- Litigation- Affordable Housing and Community Development

 

Education

Bar and Court Admissions

• Commonwealth of Massachusetts
• U. S. District Court, District of Massachusetts
• U. S. Court of Appeals, First Circuit

Practice Focus

For over 20 years Don has maintained a varied civil litigation practice with an emphasis on complex real estate and business disputes. He handles cases at the trial and appellate levels in the state and federal courts, and before administrative agencies. Outside of court Don has successfully resolved many disputes through negotiation, mediation and arbitration.

Notable Experience

Real Estate Litigation

Don has extensive litigation experience representing clients ranging from individuals to Fortune 500 companies who own, buy, sell and develop real estate, in matters that include:

• Defense of permits for residential and commercial development
• Appeals of permit denials
• Disputes over the validity and enforceability of zoning by-laws
• Development of affordable housing under M.G.L. c.40B
• Damages claims based on trespass, nuisance and other property-related torts
• Disputes over offers to purchase, purchase and sale agreements, options and restrictive covenants
• Representation of owners, buyers and sellers of contaminated property 
• Disputes arising out of commercial leases
• Adverse possession and prescriptive easement claims
• Real estate title disputes

Don’s real estate litigation practice includes particular experience in the Massachusetts Land Court, where he has handled hundreds of cases.

Background

• Joined the firm in 1988.
• Following law school, served for two years as law clerk to the Honorable John E. Fenton, Jr., Justice of the Massachusetts Land Court.

Professional Activities

• Member of Board of Directors of REBA, the Real Estate Bar Association of Massachusetts, 2009-2012
• Co-Chair, REBA Litigation Committee, 2009-2012
• Member, Massachusetts and Boston Bar Associations 

Publications

Author of "Modernizing Commercial Lease Law: The Case for an Implied Warranty of Fitness," Suffolk University Law Review (Vol. XIX, p. 929), a Note that has been cited as authority in several appellate court decisions.

Published Appellate Decisions

American Venture 594 Corp. v. A. Russo & Sons, Inc., 79 Mass. App. Ct. 770 (2011) (interpretation and enforcement of land-use restriction in settlement agreement)

Spillane v. Adams, 76 Mass. App. Ct. 378 (2010) (proof of title to oceanfront property;  location of mean low water mark)

Duddy v. Mankewich, 75 Mass. App. Ct. 62 (2009) (enforcement of implied easement over registered land)

Carabetta v. Board of Appeals of Truro, 73 Mass. App. Ct. 266 (2008) (defense of claim that lots merged for zoning purposes)

Wall Street Dev. Corp. v. Planning Bd. of Westwood, 72 Mass. App. Ct. 844 (2008) (challenge to denial of subdivision approval; validity of zoning by-laws)

Boothroyd v. Zoning Bd. of Appeals of Amherst, 449 Mass. 333 (2007) (defense of comprehensive permit to build affordable housing under M.G.L. c. 40B)

Boothroyd v. Bogartz, 68 Mass. App. Ct. 40 (2007) (defense of claim for prescriptive easement)

Duddy v. Mankewich, 66 Mass. App. Ct. 789 (2006) (defense of “Approval Not Required” endorsement)

Germagian v. Berrini, 60 Mass. App. Ct. 456 (2004) (enforcement of form Offer to Purchase)

Rubenstein v. Royal Ins. Co. of America, 429 Mass. 355 (1999) (claim for recovery of attorneys’ fees from insurer that breached its duty to defend)

Rubenstein v. Royal Ins. Co. of America, 44 Mass. App. Ct. 842 (1998) (claim for insurance coverage for claims arising from environmental contamination)

McCarthy v. Oak Bluffs, 330 Mass. App. Ct. 530 (1991) (claim involving title to registered land, dockage rights)

V.S.H. Realty, Inc. v. Zoning Bd. of Appeals of Plymouth, 30 Mass. App. Ct. 530 (1991) (appeal of denial of special permit to construct shopping center)

Honors and Awards

• Massachusetts Super Lawyers (2006; 2010-2012)

Social Media

Follow @landusemonitor