Notable Cases

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 managing director Ronald H. Rappaport and director Michael A. Goldsmith. The firm is proud of its many successful court cases, particularly the ones of municipal import on Martha�s Vineyard:

Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah), 2015 WL 71854 (D. Mass. November 13, 2015). The United States District Court for the District of Massachusetts ruled on summary judgment that Massachusetts Settlement Act among the Town of Aquinnah, the Tribe, and the Commonwealth of Massachusetts prohibits gaming on tribal settlement lands in the Town, despite Congressional enactment of the Indian Gaming Regulatory Act.

Kitras v Zoning Administrator of Aquinnah., 453 Mass. 245 (2009). Supreme Judicial Court upheld the Town of Aquinnah’s refusal to issue a certificate approving a subdivision and upholds Town under zoning.

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 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 in the Town, 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 against 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.

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.

Hall v. Town of Edgartown, et. al., 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.

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. Aquinnah Town Clerk, 61 Mass. App. Ct. 1121 (2004). The Appeals Court upheld the decision of the Aquinnah Town Clerk refusing to certify that a constructive grant of a subdivision plan had occurred.