Attorneys
Michael J. McDermott
Michael McDermott is a shareholder and director at Dain, Torpy, Le Ray, Wiest & Garner, P.C. His practice focuses on resolving land use, real estate, environmental, agricultural, and zoning disputes. In addition, his practice includes providing property owners and developers with due diligence, permitting, and conflict avoidance services and advising the governing boards of Massachusetts condominium associations. Mr. McDermott also handles a number of pro bono matters including representing asylum applicants, and serving as real estate and litigation counsel for local non-profits. Mr. McDermott has tried cases in Massachusetts District, Superior, and Land Courts, before the United States Immigration Court, and in administrative law tribunals.
Recent Representative Matters
Multi-Family Residential Developer, South Boston, MA
Successfully moved for dismissal of zoning appeal in the Land Court allowing multi-family developer to proceed with creation of 30+ residential units in former church building.
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.
Multi-Family Residential Developer, Boston, MA
Secured successful judgment in multi-day adverse possession trial.
NextSun Energy LLC, Norton, MA
Co-counsel on trial team that defended land use entitlements for large-scale, ground mounted solar development. (currently under appeal)
Multi-Family Residential Developer, South Boston, MA
Represented multi-family developer proposing more than 70+ new residential units and resolved complex litigation through successful motion to dismiss.
Beacon Capital
Part of successful trial team for landlord in an arbitration to collect unpaid holdover use and occupancy from tenant and to defend against series of tenant counterclaims.
KGI Properties, Wayland, MA
Served on trial team that won nearly a million dollar jury verdict against municipality regarding municipal wastewater treatment plant allocation and capacity.
Solar Energy Company
Provided national solar energy company with local permitting, lien, and due diligence advice and analysis for multi-property energy project.
Publicly Funded Academic Institution
Defended academic institution in public bidding dispute with dismissal of trade contractors allegations about bid selection process.
Publications and Presentations
- City of Boston, Office of Economic Opportunity and Inclusion, “Recent Bank Developments: 2023 Regional Banking Crisis” (2023).
- Massachusetts Continuing Legal Education, “Evictions & Foreclosures in the Aftermath of COVID-19” (2020).
- Boston Bar Association, “Practicing with Professionalism” (2018, 2019).
- New England Corporate Counsel Association, “Commercial Law: How to Make Deals and Stay Out of Trouble” (2017).
- Boston College Law School, “Practitioner Panels” (2016, 2017).
- Constitutionalizing an Enforceable Right to Food: A New Tool for Combating Hunger, 35 Boston College International & Comparative Law Review 543 (2012).
- International Environmental Disputes and the Need for Court-Commissioned Independent Experts, Boston College International & Comparative Law Review, Electronic Supplement (April 2011).
Professional Activities and Honors
- City of Boston – Spark Council, 2019-2020.
- Friends of Blackstone School, Board Member.
- NAIOP Massachusetts.
- Cornell University Real Estate Council.
- Boston Bar Association.
- Real Estate Bar Association.
- Super Lawyer, Rising Star (2014-2022).
- Top Lawyer, Boston Magazine (2023-2024).
- Best Lawyers in America (2024-2025).
Bar and Court Admissions
Mr. McDermott is admitted to practice in Massachusetts, New York, and before the U.S. District Court of Massachusetts.
Education
J.D., Boston College Law School, 2012 (cum laude)
B.S., Cornell University, 2009 (magna cum laude)