Courtney A. Simmons

Courtney’s practice focuses on real estate land use, condominium law, and business litigation. Courtney has advised and helped clients navigate a wide variety of matters involving zoning litigation, local permitting, title disputes, boundary line disputes, adverse possession, easement rights, real estate transactions and landlord/tenant disputes. She also represents condominium associations and unit owners dealing with condominium general matters, development and operation.

Courtney serves as a contributing author of the Massachusetts Continuing Legal Education treatise on condominium law. Courtney has been recognized for her expertise and achievements in the real estate field and has a proven track record of providing high-quality representation with the goal of efficiently resolving legal disputes.

Before joining the Davis Malm team, Courtney served as Law Clerk to the Honorable Mark V. Green, Chief Justice of the Massachusetts Appeals Court, and the Honorable Robert B. Foster and Honorable Howard P. Speicher, both of the Massachusetts Land Court.

Recent Matters Include:

• Obtained Land Court judgment affirming client’s title to property in Worcester County and enabling owner to close real estate transaction.
• Won motion to dismiss and summary judgment in Land Court action defending against appeal of site plan approval and a zoning bylaw amendment allowing for a marijuana cultivation and manufacturing facility.
• Won judgment on the pleadings in Superior Court in action involving appeal of decision of conservation commission’s denial of order of conditions under local wetlands bylaw.
• Won summary judgment in Land Court action involving challenge to a zoning bylaw amendment allowing the cultivation of marijuana by special permit.
• Defended against preliminary injunction brought by a landlord against client concerning breach of lease of commercial property in Middlesex County.
• Assisted client in a title dispute regarding a private passageway established in the 19th century.
• Obtained special permit from zoning board for change to a nonconforming structure in Essex County, enabling client to build new residence.
• Obtained variance from zoning board to allow for height in excess of bylaw limitations, allowing client to develop multi-family units on property.
• Represents condominium associations and cooperatives of various sizes throughout Greater Boston in a variety of development, operational and management matters.
• Handles title claims work for title insurance companies, resolving missing interests, faulty deeds, improper documentation, and boundary disputes.