Shawn M. McCormack
Practice Focus and Experience
Shawn McCormack practices in the Litigation, Real Estate, and Environmental areas. He focuses on real estate litigation, including zoning appeals, permitting, and title disputes. Shawn also represents buyers and sellers in real estate transactions. Prior to joining Davis Malm, Shawn served as Law Clerk to the Honorable Gordon H. Piper, Justice of the Land Court Department of the Trial Court of Massachusetts.
- Representing a developer in Land Court challenging the denial of a special permit to develop an assisted living facility.
- Representing a registered marijuana dispensary in Superior Court defending an abutter’s challenge of a grant of special permit to open a medical marijuana dispensary.
- Representing a client in a title dispute regarding a private passageway established by an instrument recorded in the nineteenth century, and a construction dispute relating to improvements and repairs of a private way.
- Assisted the Davis Malm team that obtained a jury verdict worth approximately $6 million for a NYSE-listed company after a three-week trial in Delaware Superior Court in a breach of contract action arising out of defendant's failure to honor an environmental indemnification.
- Obtained a preliminary injunction allowing former shareholders of a multi-billion dollar supermarket chain to participate in the company’s IRS audit.
- Represented an abutter challenging the validity of zoning variances for a new apartment building in a transit-oriented development and negotiated a favorable settlement.
- Assisted client in successfully defending a zoning appeal brought by neighbors challenging a grant of special permit that authorized client to develop a high-end resort.
- Successfully defended a limited partnership in Land Court against a claim of prescriptive easement, and resolved outside of litigation issues of vehicle access and preservation of water views.
- Represented a registered marijuana dispensary challenging the denial of a special permit in Superior Court.
- Successfully defended a developer from a motion to intervene by abutting landowners in a pending Land Court case.
- Successfully obtained a Land Court judgment clearing title to property that was clouded by a bad foreclosure in the chain of title.
- Counseled several developers in successfully removing land from the Land Court registered land system, allowing clients to develop properties more efficiently.
- Distinctions: Massachusetts Super Lawyers Rising Stars, 2018.
- Admitted: Massachusetts
- Member: Boston Bar Association, Real Estate Bar Association of Massachusetts; NAIOP Massachusetts
- L Street Running Club: Board of Directors (2012-2015).
- American Liver Foundation: Run for Research Team (2012).
Publications and Speaking Engagements
Marijuana entrepreneurs see favorable precedent in Worcester court ruling, Boston Business Journal, March 2019, Shawn M. McCormack (quoted)
Massachusetts Marijuana Regulatory Scheme Takes Shape, Law360, 2018, Robert J. Munnelly and Shawn M. McCormack (co-authors)
Wilmington Considers Plan to Permanently Ban Recreational Marijuana Sales, Wilmington Patch, 2017, Shawn M. McCormack (quoted)
Banned In Burlington: Town Meeting Says No To Recreational Marijuana Sales, Burlington Patch, 2017, Shawn M. McCormack (quoted)