Daniel P. Dain
Daniel P. Dain is Chairman of Dain, Torpy, Le Ray, Wiest & Garner, P.C. He is a trial lawyer
whose practice emphasizes representing real estate developers and property owners. Mr. Dain
started his career as a commercial litigator at Goodwin Procter LLP before becoming co-chair of
that firmís real estate and land use litigation practice group.
Mr. Dain maintains a varied real estate litigation and appellate practice. He has a particular
expertise in zoning litigation, with a long track record of winning such cases through dispositive
motions both on standing grounds and the merits. Mr. Dain also regularly provides advice with
respect to, and litigation and appeals services in connection with, landlord/tenant leasing
disputes, buyer/seller real estate transaction disputes, owner/contractor construction disputes,
broker/client commission disputes, and condominium association/unit owner disputes, as well
as Dover Amendment, premises liability/negligent security, adverse possession, nuisance, and
encroachment/boundary cases. Mr. Dain also is regularly engaged by national law firms
seeking local counsel in Massachusetts.
Although most of his clients are in the real estate industry, Mr. Dainís training and experience as a commercial litigator
allow him to represent clients in a wide variety of business disputes. His diverse commercial litigation practice has
included litigating unfair and deceptive trade practices/chapter 93A cases, fraud cases, closely-held corporation
shareholder disputes, and breach of non-compete agreement disputes.
Recent Representative Matters:
Developer, Wayland, MA
Won million dollar verdict after jury trial against municipality with respect to access to a municipal wastewater treatment plant. (2013)
Cabot, Cabot & Forbes, Cambridge, MA
Successfully moved for Judgment on the pleadings on standing grounds against an appeal of permits for a 429 unit residential complex in the quadrangle area of Cambridge.
Town of Chatham Zoning Board of Appeals
Successful argument before the Supreme Judicial Court in Kenner v. Zoning Board of Appeals of Chatham, 459 Mass. 115 (2011) that homeowners did not have standing on the basis of diminution of view to challenge decision of the board. Decision cited in The Boston Globe.
Private Client, Chathman, MA
Successfully moved for summary judgment on standing grounds against an appeal of a residential special permit. (2009)
Town of Wenham Zoning Board of Appeals
Successfully represented the Town of Wenham Zoning Board of Appeals in defending its decision on the novel issue of whether a front yard setback requirement means that a project proponent's lot must abut a street. (2009-2010)
Private Client, Newburyport, MA
Successfully moved to dismiss on standing grounds challenge to special permit secured by client to redevelop historic Newburyport property. (2008) Dismissal affirmed in the Appeals Court. (2009)
Private Client, Cambridge, MA
Successfully moved for summary judgment against an appeal of a variance for an addition to a house in Cambridge, Massachusetts. (2007)
Private Client, North Andover, MA
Successfully moved to dismiss involuntary Chapter 7 bankruptcy petition brought by purported creditor, and won award of attorneys fees and costs. (2006)
Private Clients, Cape Cod, MA
Won million-dollar verdict plus attorneys fees and costs on motion for judgment on the pleadings on behalf of clients in a dispute over interests in real property on Cape Cod. (2006)
Target Corporation, Berkshire Mall, Lanesborough, MA
Successfully defeated action to enjoin construction of store at the Berkshire Mall. (2005)
The Congress Group, Inc., Wayland, MA
Successfully defeated action for attachment of property controlled by client. (2005)
Highland Hill Realty, Shrewsbury, MA
Secured dismissal of two separate lawsuits against the subdivision and development of property in Shrewsbury, Massachusetts by client. (2005)
The Prudential Insurance Company of America, Albuquerque, NM
Successfully moved to dismiss claim of tortious interference with business opportunities, as violation of New Mexicos anti-SLAPP statute, brought by mall developer in Albuquerque, New Mexico, against developer of a competing mall, owned by client. (2004)
Leggat McCall Properties, New Jersey
Successfully moved to dismiss claim of fraud for failure to disclose latent defect brought by buyer of commercial office building. (2004)
The Flatley Company, Charlestown, MA
Successfully moved to dismiss appeal of administrative decision affecting the use of The Schrafft Center in Charlestown, Massachusetts. (2004)
Dowling Realty Trust, Wrentham, MA
Successfully moved for summary judgment against an appeal of a special permit regarding the use of property in Wrentham, Massachusetts. (2004)
Fortune 50 Company, Boston, MA
Won multiple damages and attorneys fees in an 84-day commercial arbitration in Boston in a multi-million dollar fraud case. (2003)
Forest City Enterprises, Cambridge, MA
Successfully moved for summary judgment against an appeal of an amendment to a special permit to allow additional development at a major client development site in Cambridge, Massachusetts. (2003)
Agassiz Neighborhood Council, Cambridge, MA
Successfully moved for judgment on the pleadings against an appeal of a special permit for the expansion of an after-school childrens art center. (2003)
The Trustees of Boston College, Newton, MA
Prepared witnesses and wrote trial and post-trial briefs in 24-day trial in which client successfully challenged parts of Newtons Zoning Ordinance as violation of the Dover Amendment which prohibits municipalities from using the zoning power to discriminate against religious and educational institutions in litigation regarding Boston Colleges proposed new student center and humanities building. (1998)
Mr. Dain has written and lectured in the areas of land use litigation, premises liability, and trial practice and deposition skills. His publications include:
- How to Prepare For, Take and Use a Deposition, James Publishing (co-authored with Kurt D. Lloyd) (2004, 2005, 2006, 2007, and 2008 updates)
- "New SJC standing decision raises bar for abutter zoning appeals," REBA News, July 2011
- A call for a new Superior Court standing order in zoning cases, REBA News, Winter 2009
- Premises Liability Introduction for Commercial Landlords, CLE International Negotiating Leases, (co-authored with Mark J. Andersen) (October 2007)
- How to Prepare for Civil Trial in Massachusetts, Massachusetts Continuing Legal Education, (co-authored with J. Kenneth Felter) (2005)
- Mass. Court Grants Developers Anti-SLAPP Protection Coverage, Banker & Tradesman (2004)
- Changes to Federal Class Action Procedures Create Uncertainty in Settlement Process, Texas Reporter (co-authored with Glenn S. Kerner) (2004)
- Advising Clients on How to Develop Product Warnings, For the Defense (co-authored with Andrea L. Studley) (2004)
- Massachusetts Courts Continue to Narrow Standing for Claims Based on Traffic Impact, Real Estate Bar Association News (October 2004)
- Limits on Deponents Right to Confer with Counsel During a Deposition, Boston Bar Journal (November 2004)
- Deposition Objections Used to Coach Witnesses, Massachusetts Lawyers Weekly (2003)
- Negligent Security Law in the Commonwealth of Massachusetts in the Post-September 11 Era, New England Law Review (co-authored with Robert L. Brennan, Jr.) (2003)
Professional Activities and Honors:
- Each year from 2005 through 2013, Dan has been named one of the top lawyers in New England in the Real Estate category by Super Lawyers, a joint publication of Boston Magazine and Law & Politics. The Super Lawyers comprise the top 5% of lawyers in the state.
- In 2013, Mr. Dain was recognized on a list of the Top 100 Attorneys in Massachusetts as compiled by the rating service Super Lawyers, and as published in Boston Magazine.
- Mr. Dain is a former Special Assistant District Attorney in Middlesex County, Massachusetts, where he tried a variety of both jury and non-jury misdemeanor and felony criminal cases.
- Mr. Dain is a member of the Real Estate, Boston, and American Bar Associations.
- Member, Town of Needham Golf Course Advisory Committee
- Treasurer, Needham Land Trust
Bar and Court Admissions:
Mr. Dain is admitted to practice in Massachusetts, before the U.S. District Court of Massachusetts and the U.S. Court of Appeals for the First Circuit.
J.D., Michigan Law School, 1995 (cum laude)
B.A., Vassar College, 1993 (Phi Beta Kappa)