Ms. Carter provides advice, litigation, and dispute resolution services to clients in connection with zoning litigation, landlord/tenant leasing disputes, buyer/seller real estate transaction disputes, owner/contractor construction disputes, broker/client commission disputes, easement construction, forged deeds and mortgage discharges, boundary line disputes, claims against escrow agents, including defalcation claims, tax liens, zoning, landlord/tenant disputes, foreclosure disputes, adverse possession, and beach rights. Additionally, Ms. Carter’s practice has a particular focus on advising condominium associations in connection with a full range of issues including interpretation of condominium documents, the initial transition from developer control, governance questions, construction litigation, and disputes with unit owners. Ms. Carter has tried cases in Massachusetts District and Superior Courts and the United States District Court for the District of Massachusetts.
Ms. Carter represents immigrants applying for political asylum through her participation in the Political Asylum Immigration Representation Project (PAIR). In her most recent case, Ms. Carter’s client, an immigrant from Uganda, was granted political asylum by the United States Immigration Court.
Recent Representative Matters:
- Private Client, Cohasset, MA
Successfully moved for summary judgement to uphold the grant of a building permit to a pre-existing legally non-conforming lot that was protected from the common law merger doctrine by the local by-law.
- Bromfield Development
Successfully moved to dismiss appeal at variance of Boston Zoning Code on grounds that abutter failed to timely appeal Board of Appeal’s decision on remand.
- Beacon Capital
Successfully represented Landlord in arbitration to collect unpaid holdover use and occupancy from Tenant and defeat Tenant’s counterclaims for rent abatement.
- Athena Arsenal, LLC
Successfully defeated motion for preliminary injunction in a landlord/tenant dispute concerning the interpretation of tenant’s parking rights under the lease.
- Outfront Media, Inc.
Successfully moved for summary judgment on the merits appealing the city of Boston’s denial of an as-of-right building permit for the erection of a monopole billboard.
- Private Client, Waltham, MA
Successfully moved for summary judgement appealing the denial of a request to extend a variance, which variance was subsequently extended without condition on remand before the Zoning Board of Appeals.
- C.J. Griffin Enterprises, Cambridge, MA
Successfully moved for summary judgment on the merits against an appeal of a special permit, which decision was upheld by the Massachusetts Court of Appeals.
- Private Client, Sutton, MA
Successfully defeated action to reverse grant of residential variance.
“14th Annual Conference: Real Estate Law 2012,” MCLE Seminar, faculty, March 2012
“Litigation Real Estate Disputes: case law update, trends and forum considerations,” MCLE Seminar, faculty, February 2012
Recent Decisions Addressing Faulty Work as an “Occurrence” in Construction Defect Coverage Disputes – Still No Consensus (Winter 2008), published in Insurance Coverage Litigation Committee Newsletter, an American Bar Association’s Tort Trial & Insurance Practice Section publication
A Discussion of 2003 United States Supreme Court Cases, Lawrence v. Texas (2004), published in Georgetown Journal of Gender and the Law’s Annual Review
Professional Activities and Honors:
- Each year from 2008 through 2016, Kate has been named a Rising Star in New England in the area of General Litigation by Super Lawyers, a joint publication of Boston Magazine and Law & Politics. The Rising Stars list comprises the top 2.5% of lawyers in the state under 40.
- Ms. Carter was selected by the WBA to participate in the 2015-2016 Women’s Leadership Initiative, a program that only 15 lawyers were chosen for and are described as “rising stars of the profession”.
- Ms. Carter was honored at Massachusetts Lawyers Weekly 2015 “Excellence in the Law” event for her pro bono work.
- Ms. Carter was honored by the PAIR Project as the 2014 Outstanding Pro Bono Asylum Attorney.
- Washington Gateway Main Street Association, Inc., Vice President (2013-2014)
- Community Associations Institute, Lawyers’ Committee
- Member of the Boston, Real Estate, Rhode Island and Women’s Bar Associations.
- Member of CREW Boston, successor to NEWiRE, New England’s leading network of professional women working in commercial real estate.
Bar and Court Admissions:
Ms. Carter is admitted to practice in Massachusetts, Rhode Island, before the U.S. District Court of Massachusetts and before the U.S. District Court of Rhode Island.
J.D., Georgetown University Law Center, 2005
A.B., Georgetown University, 2002 (magna cum laude; Phi Beta Kappa)