We assist clients with all aspects of the development and permitting process, including land acquisition and assembly, structuring of ownership vehicles for development, obtaining permits and approvals for development, and assisting with acquisition and construction financing and leasing matters. We are experienced in representing clients in assembling development parcels through purchase options, exchanges of property, development agreements with governmental entities and other techniques. The firm’s business lawyers are available to assist in structuring entities for the acquisition, development and operation of real estate holdings to best address liability and tax issues.

As permitting counsel during the development process, our lawyers represent clients before federal, state and municipal boards, agencies and officials, and work with our colleagues in the firm’s litigation department on the defense of development permits, the appeal of permit denials, and disputes involving the validity and enforcement of zoning by-laws. We facilitate transactions by negotiating and drafting purchase contracts, exchange agreements, reciprocal easement agreements, property restrictions, and handling environmental oversight and due diligence.

Rackemann’s development clients include traditional, private developers of retail, office, industrial, research and development and multi-family residential projects. In addition, we provide management and development counsel to non-traditional development entities, such as national corporations developing facilities for their own use, educational and other institutional clients expanding their campus facilities, and governmental agencies and authorities.

Significant examples of our work on behalf of clients include:

  • Representation of numerous developers in the acquisition, permitting and development of projects in Boston, ranging from public companies developing high-rise towers to family businesses developing smaller projects, including assistance with all aspects of the City of Boston Article 80 approval process, Chapter 91 licensing, and the community review process in Boston.
  • Acquisition, permitting and financing aspects in connection with the development of a 400-unit apartment complex overlapping municipal boundaries in the Boston suburbs for a regional residential apartment developer, and for the development of a large mixed-use development north of Boston containing over 2,500 housing units with associated retail, restaurant and hotel uses.
  • Assisting various clients with the development and permitting of multifamily residential projects, including mixed-income projects permitted pursuant to Chapter 40B.