Jed DeWick and Maggie Strauss Obtain Summary Judgment on Behalf of Real Estate Development Client


Arrowood LLP attorneys, Jed DeWick and Maggie Strauss, obtained summary judgment on behalf of their client in a dispute regarding an option to purchase a portion of a mixed use real estate development project in Belmont, Massachusetts.

The plaintiff sold a piece of real estate and attendant development rights to Mr. DeWick and Ms. Strauss’s clients, Toll Brothers, Inc. and Belmont Residential LLC, but maintained an option to purchase the to-be-developed retail portion project upon its completion. The purchase price of the retail unit was to be determined by the cost to Toll of building the unit. Part of that contemplated cost was the extensive environmental remediation required at the property. The plaintiff brought claims against Toll and Belmont Residential for breach of contract, misrepresentation, and violations Chapter 93A, alleging that they incurred excessive remediation costs without the approval of the Plaintiffs.

After three-and-a-half years of litigation, including extensive discovery, Toll and Belmont Residential moved for summary judgment, which was granted in its entirety, and the plaintiff’s complaint dismissed. The plaintiff is appealing the decision. See the Court’s decision.