Nicholas P. Shapiro

Nicholas P. Shapiro

Shareholder
Location:
Boston, Massachusetts
Phone:
617-892-4391
866-675-2109
Fax:
617-227-8992
Email:

Nicholas P. Shapiro is a shareholder in Jeff Angley's real estate litigation practice at Phillips & Angley. Nick joined the firm as an associate in May, 2011. Nick's focus and practice areas are concentrated on zoning, land use, real estate, and telecommunications, counseling real estate developers, private land owners, neighbors and abutters, and institutional/corporate clients throughout Massachusetts. Nick appears predominantly before the Massachusetts Land Court - a trial court of specialized jurisdiction over zoning, land use and real estate disputes. However, in his time at Phillips & Angley, Nick has argued all manner of motions and appeals before every level of the Massachusetts judiciary, from the District Court to the Supreme Judicial Court. Nick has, in particular, argued seven appeals before the Massachusetts Appeals Court and the Supreme Judicial Court during his tenure at Phillips & Angley.

Nick is presently the co-chair of the Massachusetts Real Estate Bar Association's Land Use and Zoning Section, and sits on the Board of Directors of that organization. He is also an Editor for the American Bar Association's Real Estate Litigation and Condemnation Committee's Journal. Nick has been quoted in Boston Globe and Massachusetts Lawyer's Weekly concerning particular cases and land use issues. From 2015 to date, Nick has been awarded the distinction of being named a Super Lawyers Rising Star in New England for Land Use and Zoning, and was the recipient of the Real Estate Bar Association's Emerging Leader Award in 2017. Prior to joining the firm, Nick was law clerk to the Hon. Joseph A. Trainor, Associate Justice of the Massachusetts Appeals Court and, prior to that clerkship, to the Hon. Harry M. Grossman, Associate Justice of the Massachusetts Land Court. Nick received a J.D., cum laude, in 2008 from Suffolk University Law School, Boston, Massachusetts where he was a member of Suffolk's Transnational Law Review.

Areas of Practice

  • Land Use and Zoning Law and Litigation
  • Real Estate Contract, Title and Boundary Disputes and Litigation
  • Real Estate Development and Permitting

Bar Admissions

  • Massachusetts, 2008
  • U.S. District Court District of Massachusetts, 2014

Education

  • Suffolk University Law School, Boston, Massachusetts
    • J.D. cum laude - 2008
    • Honors: Dean's List
    • Honors: Jurisprudence Award, Antitrusts, 2007
  • Duke University, Durham, North Carolina
    • B.A. - 2002
    • Honors: Dean's List
    • Major: English & Philosophy

Representative Cases

  • Successfully argued appeal before the Massachusetts Appeals Court in Clemmey v. Great Woods, Inc., 13-P-1817
  • Successfully argued motion for summary judgment before the Massachusetts Land Court in Roma III, LTD. v. Board of Appeals of Rockport, 15 MISC 000074 (RBF), decision reported at 24 LCR 649 (2016)
  • Successfully argued motion for summary judgment before the Plymouth District Court in Elite Metal Framing & Construction, Inc. v. Industrial Communications, LLC, 1559CV000138
  • Successfully argued motion for summary judgment/for judgment on the pleadings, defending developer/client’s ANR endorsement for subdivision that violated condition/covenant granted in connection with underlying definitive plan approval, against abutter appeal in the Land Court.
  • Successfully argued motion to dismiss and obtained dismissal of Chapter 40A, Section 17 appeal of special permits to convert an existing hotel into a mixed-use development, in Superior Court, owing to the plaintiff’s lack of standing.
  • Successfully argued motion for summary judgment, clearing title to client’s property of putative easement rights over cart paths extending over clients property, and having the Court declare that client’s property was not subject to restrictive covenant applicable to adjacent subdivision.
  • Successfully made closing arguments in trial through which access rights over paper way bisecting clients’ lawn were extinguished by abandonment, in the Land Court.
  • Successfully argued motion for summary judgment and procuring dismissal of action to perfect mechanic’s lien against client’s property, in the District Court.
  • Successfully argued opposition to motion for judicial endorsement of a memorandum of lis pendens in an abutter appeal of ANR endorsement, in the Land Court.
  • Successfully defended against motion for real estate attachment, based on the Massachusetts homestead law and a resulting trust theory, in the Superior Court.
  • Successfully argued against an application to expand a preexisting, nonconforming structure and convert a single-family residence into two single-family residential units before local zoning board, on behalf of abutter client.
  • Successfully negotiated a six-figure settlement of an abutter zoning appeal in Boston, in the Housing Court.

Classes/Seminars

  • "Real Estate Litigation: Real Estate & Environmental Professional Development Plan Unit 13," at Massachusetts Continuing Legal Education, panelist on “Pre-Litigation Strategy,” “Introduction to the Land Court,” “Overview of G. L. c. 40A, § 17,” and “Common Easement Issues” (2/25/15)
  • "Litigating Real Estate Disputes," at Massachusetts Continuing Legal Education program, panelist on “Litigating in the Land Court" and "Easement Disputes Post-M.P.M. Builders" (2/5/2013)

Honors and Awards

  • Super Lawyers, Rising Star, New England, Land Use/Zoning, 2015 - 2018
  • Emerging Leader Award, Real State Bar Association, 2017

Professional Associations and Memberships

  • Real Estate Bar Association, New Lawyers Section, Co-Chair, 2015 - 2017
  • American Bar Association, Member, 2014 - Present
  • Real Estate Bar Association, Board of Directors, Member, 2017 - Present
  • American Bar Association, Real Estate Litigation & Condemnation Committee’s Journal, Editor, 2016 - Present
  • Real Estate Bar Association, Land Use and Zoning Section, Co-Chair, 2018
  • Real Estate Bar Association, Member, 2011 - Present

Past Employment Positions

  • Massachusetts Appeals Court, Law Clerk, 2009 - 2010
  • Massachusetts Land Court, Law Clerk, 2008 - 2009