The litigation department at the law firm of Reynolds, Rappaport, Kaplan & Hackney, LLC specializes in civil litigation, in particular land use and municipal law, and includes founding member Ronald H. Rappaport, Michael A. Goldmsith and Isabelle Lew. The firm is proud of its many successful court cases, particularly the ones of municipal import on Martha’s Vineyard.

Notable Cases

  • Aquinnah/Gay Head Community Association v. Wampanoag Tribe of Gay Head (Aquinnah)

    989 F. 3d 72 (2021). The United States Court of Appeals for the First Circuit affirmed an order from a judge of the District Court for the District of Massachusetts, at summary judgment, that the Wampanoag Tribe must obtain local building permits from the Town prior to proceeding with the construction of a gaming facility.

  • Hall v. Town of Edgartown

    86 Mass. App. Ct. 1108 (2014). The Appeals Court upheld the Town of Edgartown's regulations regarding the use of various ancient roads.

  • Smith v. Town of Tisbury

    79 Mass App. Ct. 1125 (2011). The Appeals Court upheld the Town's determination that a road (Roger's Path) was public by prescription.

  • Mellendick v. Edgartown Zoning Board of Appeals

    69 Mass. App. Ct. 852 (2007). The Appeals Court upheld the Edgartown Zoning Board of Appeals issuance of special permits for affordable housing.

  • Stamell v. Dietz

    60 Mass. App. Ct. 1103 (2003). The Appeals Court upheld Chilmark Planning Board’s denial of a subdivision.

  • Jacquet v. Edgartown Planning Board

    58 Mass. App. Ct. 1106 (2003). The Appeals Court upheld a decision by the Edgartown Planning Board denying a special permit for a 300 foot pier on Cape Pogue Bay in Edgartown.

  • Hamel v. Edgartown Board of Health

    40 Mass. App. Ct. 420 (1996). Defended the Board of Health’s regulations in the Katama area of Edgartown. The Appeals Court upheld the regulations, which constitute some of the most far reaching board of health regulations in Massachusetts.

  • Hall v. Zoning Board of Appeals of Edgartown

    28 Mass. App. Ct. 249 (1989). The Appeals Court upheld a decision by the Edgartown Planning Board that more than four unrelated persons living in a dwelling violated the single-family use zoning provisions.

  • Hines v. Town of Edgartown

    24 Mass. App. Ct. 344 (1987). The Appeals Court upheld the Town in a zoning case interpreting Martha’s Vineyard Commission regulations. This case is an important land use precedent on Martha’s Vineyard.

  • Kitras v. Town of Aquinnah

    474 Mass. 132 (2016). The Supreme Judicial Court held, after approximately twenty years of litigation, including multiple appeals, that a developer did not hold easements by necessity over town-owned land, as well as lots of private land owners and a conservation entity, to reach landlocked parcels in an environmentally senstive area of town.

  • Kitras v Zoning Administrator of Aquinnah

    453 Mass. 245 (2009). The Supreme Judicial Court upheld the Town of Aquinnah’s refusal to issue certificates approving a subdivision.

  • Friends & Fishers v. Department of Environmental Protection, et al

    446 Mass. 830 (2006). The Supreme Judicial Court upheld the issuance of a wastewater discharge permit for the Edgartown Wastewater sewer treatment plant.

  • Reagan v. Brissy

    446 Mass. 452 (2006). The Supreme Judicial Court upheld the position of the Town of Oak Bluffs that an 1870 development plan, which denoted various lots on a plan as “parks”, constituted an affirmative easement rendering those lots unbuildable.

  • Bransford v. Zoning Board of Appeals of Edgartown

    444 Mass. 852 (2005). The Supreme Judicial Court, in a case of statewide significant, upheld a decision by the Edgartown Zoning Board of Appeals that the expansion of a single family dwelling on an undersized lot required a special permit even though all other dimensional provisions of the zoning regulations were met.

  • Johnson v. Town of Edgartown

    425 Mass. 117 (1997). Represented the Town of Edgartown in a landmark decision where the Supreme Judicial Court upheld three acre zoning, the largest zoning density ever allowed in Massachusetts.

  • McCarthy v. Town of Oak Bluffs

    416 Mass. 423 (1993). Defended the Town of Oak Bluffs in a suit involving the right to rule and regulate the bulkhead in Oak Bluffs harbor. The Supreme Judicial Court upheld the Town’s right to control the bulkhead.

  • Edgartown Water Company v. Town of Edgartown

    415 Mass. 32 (1993). Defended the Town of Edgartown in a suit by the private Edgartown Water Company. The Supreme Judicial Court upheld the Town’s takeover of the Water Company and ordered that no compensation be paid.