Michael S. Giaimo

Partner

  • Overview

    Biography

    Michael Giaimo has practiced land use, environmental, and real estate law for 28 years, focusing on representing developers, businesses, institutions, government agencies, and other property owners in permitting, regulatory compliance, transactions, and related litigation and administrative proceedings. He also consults with clients on land use policy matters throughout the country.

    Mr. Giaimo has appeared in front of permitting boards in well over 100 Massachusetts communities. His more than 20 years of service on numerous local boards, including as past chair of his local planning board and zoning board of appeals and currently as a selectman, give Mr. Giaimo an appreciation of the view from the other side of the table and have assisted him in successfully permitting many controversial projects.

    Mr. Giaimo has made frequent local and national speaking appearances before professional, business, civic, and student groups on zoning; constitutional issues, including takings, religious land use, and equal protection law; and other land use and environmental law subjects. He is a contributing author of the Massachusetts Zoning Manual and has numerous other publications to his name. He co-chairs an annual seminar on zoning for Massachusetts Continuing Legal Education. The Massachusetts Superior Court has qualified him as an expert witness on land use permitting. Mr. Giaimo has been named to the Massachusetts Super Lawyers ® list in the area of Land Use since 2004 (Super Lawyers is a registered trademark of Key Professional Media, Inc.). He has been listed in The Best Lawyers in America® in the area of Land Use and Zoning Law since 2013 and in the area of Real Estate Law since 2016 (Copyright 2016 by Woodward/White, Inc., Aiken, SC).

  • Experience
    • Experience

      Experience

      • Representation of a leading telecommunications company on matters relating to preacquisition due diligence, development permitting, including prosecuting and defending appeals in federal and state courts, regulatory policy, and compliance for sites in Massachusetts and elsewhere.
      • Drafted zoning article to allow proposed mixed-use development.
      • Advises public agency on various land use permitting and title issues affecting the valuation of land taken by eminent domain.

      • Representation of a Massachusetts municipality planning board in defense of a subdivision appeal.
      • Representation of a national telecommunications company in site selection, acquisition, local and state permitting for development, and expansion of its regional office headquarters and switch site, including local zoning, wetlands, and fuel storage licensing as well as state-level Massachusetts Environmental Policy Act and highway access review.
      • Representation of a developer to conceive and draft a zoning amendment and provide legal and strategic support during local review and town meeting adoption process to construct a mixed-use development on an assembled parcel straddling multiple zoning districts in a Massachusetts town, which had no prior experience with mixed-use development. Also supported the developer in securing zoning, wetlands, and related approvals for the proposed development.
      • Representation of an owner of a residentially zoned nonconforming energy business in defending zoning enforcement action alleging improper change and expansion of business.
      • Representation of an oil company regarding its industrial facility before local health board in defense of statutory nuisance action brought by abutter.
      • Representation of an industrial property owner in opposing a municipal proposal to drastically increase sewer connection fees.
      • Representation of a property owner regarding land use and wetlands regulatory matters pertaining to real estate development and effects of coastal erosion.

      • Representation of an outdoor advertising company in local proceedings regarding zoning and other regulatory matters.
      • Obtained zoning site plan and variance approvals for an indoor field sports facility proposed by a private developer on a redevelopment site in a southeastern Massachusetts community.
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    • Professional Associations

      Professional Associations

      Urban Land Institute
      Sustainable Development Council (2005 - present)

      Real Estate Bar Association for Massachusetts
      Land Use Committee (2004 - present)

      The Abstract Club
    • Honors + Awards

      Honors + Awards

      AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the areas of Zoning, Planning, and Land Use; Environmental Law; and Real Estate (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)

      Listed in Massachusetts Super Lawyers® in the area of Land Use/Zoning Law since 2004 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Listed in The Best Lawyers in America® in the area of Land Use and Zoning Law since 2013 and in Real Estate Law since 2016 (Copyright 2016 by Woodward/White, Inc., Aiken, SC)

    • Community Involvement

      Community Involvement

      Town of Sherborn, Massachusetts
      Chairman of Zoning Board of Appeals

      Friends of Minuteman National Park
      Board of Directors
  • NEWS + PRESS
    • Publications

      Publications

      "An Encounter with the SJC's 'Bjorkland' Decision," published in The Real Estate Bar Association for Massachusetts (REBA) (Spring 2008)

      "Steering Your Way Through Local Zoning Requirements," published in MCLE Massachusetts Basic Practice Manual (2006 supp.)
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      "A Promising New Mechanism for Creating More Housing and Encouraging Mixed-Use Development in Massachusetts," published in Real Estate Finance, co-authored with Brian Blaesser and Matthew Lawlor (4/2005)
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      "Zoning Freezes," published in MCLE Massachusetts Zoning Manual, co-authored with Brian Blaesser (2005 supp.)
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      "Special Permits," published in MCLE Massachusetts Zoning Manual, co-authored with Christopher Foster (2005 supp.)

      "Historical Development of Massachusetts Zoning Law," published in MCLE Massachusetts Zoning Manual (2005 supp.)
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      "Chapter 40R: A New Mechanism for Encouraging Housing Construction," published in Massachusetts Lawyers Weekly, co-authored with Matthew J. Lawlor (12/2004)

      "Releasing the Choke Hold on Growth," published in Planning & Environmental Law, co-authored with Brian Blaesser (10/2004)

      "Challenging Improper Land Use Decision-Making Under the Equal Protection Clause," published in XV Fordham Environmental Law Review 335 (Spring 2004)

      "Church v. State," published in Planning, co-authored with Dwight Merriam (4/2003)
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      "Ill Will and Class of One: Equal Protection Claims after the Olech Decision," published in Land Use Law & Zoning Digest (2/2003)
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      "Book Review: Introduction to Zoning, 2d Edition," published in Journal of the American Planning Association (JAPA) (Autumn 2002)

      "The Land Court's Durand Case and the Doctrine of Contract Zoning in Massachusetts: A Promise Not Forgotten," published in The Conveyancer, co-authored with Janet Stearns (Summer 2002)

      "Preston v. Zoning Board of Appeals of Hull and the Zoning Doctrine of Merger: A Reminder from the Appeals Court," published in The Conveyancer (Summer 2001)
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      RLUIPA Reader: Religious Land Uses, Zoning, and the Courts, coedited with Lora A. Lucero (4/23/2009), copublished with the American Planning Association
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    • Presentations

      Presentations

      "Zoning Practice," co-chaired this Massachusetts Continuing Legal Education program (1/26/2016)
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      "The Takings Issue," co-moderated the webinar with Professor Daniel Mandelker of Washington University Law School; panelists were Professor John Echeverria of Vermont Law School and Hawaii lawyer Robert Thomas (8/10/2015)
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      "How to Avoid and Defend RLUIPA Suits," co-presented with Evan J. Seeman and Karla L. Chaffee (6/8/2015)

      "Zoning Basics - Site Plan Review and Constructive Approvals," at Massachusetts Continuing Legal Education Course (Fall 2006)

      "Zoning Appeals," at MCLE 8th Annual Real Estate Law Conference (3/2006)

      "Class of One Equal Protection," at Georgetown Law Center Regulatory Taking Seminar, held at Harvard Law School (10/28/2005)

      "Site Plan Review and Constructive Grant," at MCLE Zoning Basics Seminar (2005)
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      "Zoning Freezes, Subdivision Controls, and Site Plan Review," at CLE International Land Use and Development Law (Boston, MA) (1/2004)
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      "Recent Developments in Federal Telecommunications Act Law," at Center for American and International Law Annual Program on Planning, Zoning, and Eminent Domain (Dallas Tx) (12/2003)
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      "More on RLUIPA," at Center for American and International Law Annual Program on Planning, Zoning, and Eminent Domain (Dallas, TX) (12/2003)
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      "Site Plan Review and Constructive Grant," at Massachusetts Continuing Legal Education (11/2003)
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      "Challenging Improper Land Use Decision Making under the Equal Protection Clause," at Georgetown Center for Environmental Law Litigating Regulatory Takings Symposium (New York City) (10/30/2003)
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      "Religious Land Use Law," at Rocky Mountain Land Use Institute Annual Conference (Denver, CO) (10/2003)
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      "What Every Association Executive Should Know About Land Use," at National Association of Realtors Executive Conference (Chicago, IL) (3/2003)
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      "Religious Land Use," at Center for American and International Law, A Short Course on Land Use Law (Albany, NY), co-presented with Professor Daniel Mandelker (3/2003)
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      "Religious Land Use," at National Association of Towns and Townships Annual Meeting (Washington, D.C.) (9/2002)
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      "Religious Land Use," at Center for American and International Law Short Course on Land Use Law (New York City), co-presented with Dwight Merriam (6/2002)
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      "Religious Land Use," at Center for American and International Law (CAIL) Annual Institute on Planning, Zoning, and Eminent Domain (San Francisco) (2/2002)
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      "The Relevant Parcel and Partial Takings," at Center for American and International Law Annual Institute on Planning, Zoning, and Eminent Domain (San Francisco) (2/2002)
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      "Bad Faith in Section 1983 Takings Litigation," at Southwestern Legal Foundation Institute on Planning, Zoning, and Eminent Domain (San Francisco) (11/2000)
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    • News

      R+C in the News

      • February 22, 2016

        Mike Giaimo Co-chairs MCLE Zoning Practice Seminar

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      • August 20, 2015

        Land Use Lawyer Michael Giaimo Moderates IMLA Takings Webinar

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      • July 6, 2015

        Land Use Lawyers Present IMLA Webinar on Avoiding and Defending RLUIPA Suits

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      • September 12, 2014

        Michael Giaimo Appointed to Board of National Park Support Organization

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      • February 28, 2013

        Mike Giaimo Presents at Zoning Law Seminar

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      • December 2, 2010

        National Association of Realtors® honors LandLaw Partner and Firm

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      • September 17, 2009

        Robinson & Cole Attorneys Participate in Panel Discussion for Boston Bar Association

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      • September 2, 2009

        Books by Robinson & Cole LandLaw Partners on Best Seller List

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      • June 17, 2009

        Robinson & Cole Land Use Attorneys Volunteer in the Classroom

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      • May 1, 2009

        Robinson & Cole Land Use Partner Publishes Book on Religious Land Use and Institutionalized Persons Act

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      • April 8, 2008

        Robinson & Cole Partner's Article in REBA News

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      R+C News Releases

      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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      • August 19, 2014

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in Best Lawyers National Peer Review Survey

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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