Practice Focus

Diane C. Tillotson's practice covers a broad range of land use litigation and permitting matters, including zoning and environmental litigation, boundary and easement disputes, contested land court registration cases, land damage cases and tax abatement and exemption issues. Ms. Tillotson has represented clients before the Massachusetts Supreme Judicial Court, Appeals Court, Land Court, Superior Court, Federal District Court, Appellate Tax Board, state District Courts, Boston Housing Court, and the Boston Municipal Court and frequently appears before local planning boards, zoning boards of appeal, and conservation commissions. She advises property owners and educational, religious and other institutions in obtaining permits from municipal and state agencies and has served as special counsel to several Massachusetts cities and towns.

Representative Matters

• Obtained summary judgment for a non-profit 40B developer on the grounds that plaintiffs lacked standing to sue and successfully defended the case in the Massachusetts Appeals Court.
• Represented the owner of a beachfront lot in successfully defending adverse possession and implied easement claims and established ownership to the low tide mark and defended the judgment in the Massachusetts Appeals Court.
• Successfully challenged a Town of Hadley rate of development zoning bylaw and defended the decision in the Massachusetts Supreme Judicial Court.
• Defended the Massachusetts Water Resources Authority in two eminent domain cases involving multiple week jury trials.
• Represented the Episcopal Diocese of Massachusetts in a case interpreting the First Amendment and establishing clear limits for court involvement in disputes involving hierarchical churches.
• Successfully navigated a Newton synagogue through the permitting process involving application of the Dover Amendment and RLUIPA protections.
• Represent members of the aggregate industry before local authorities in connection with permitting and zoning issues inherent in sand and gravel operations.