Experience

Attorney Brian J. Winner specializes in representing the firm’s municipal clients in land use and environmental litigation. He also assists the firm’s clients in all facets of municipal and general civil law. He has represented clients in a broad range of cases, including land use, tort, contract, licensing, permitting and environmental, before all levels of the Massachusetts trial courts, and administrative agencies including the Division of Administrative Law Appeals and the Department of Environmental Protection.

In the area of general municipal law, Attorney Winner advises in the areas of Open Meeting Law, Public Records Law, and Town Meeting. He has assisted various town and city officials including Building Commissioners, Planning Boards, Zoning Boards, Boards of Health, Conservation Commissions, Harbor Masters, Water and Sewer Commissions, and Police and Fire Officials interpret, apply and enforce the various statutes, codes and local regulations within their respective jurisdictions.

Representative Matters

• Noto v. Town of Weston. Successfully defended a challenge to the validity of the Zoning By-law’s “Substantial Irregularity” provision and to the Zoning Board’s denial of a variance thereof.
• Hennessey v. Lancaster Building Commissioner. Successfully defended Town in an action brought by a residents group aimed to thwart a proposed ‘Wal-Mart’ development.
• Southend Farm, LLC v. Millis Conservation Commission. Successfully defended a challenge to a $22,265.00 fine issued by the Conservation Commission for the unpermitted relocation of a portion of an intermittent stream.
• Town v. Apple D’Or Tree, Inc., et al. Prevailed in lawsuit to shut down a tree stump grinding and soil processing business operating in violation of the Town Zoning By-law.
• Sheehan v. Town of Wareham. Successfully defended lawsuit challenging the Town Wetlands Protective By-law and the Conservation Commission’s denial of permit to construct a pier on Buzzards Bay.
• Melnik v. Goshen Board of Health. Successfully defended Board of Health’s denial of an application for a variance where applicant sought to develop a parcel .02 acres below the Board’s local lot size requirement.
• Town of Chelmsford v. Kaminski. Successfully pursued action enforcing Zoning By-law and collected $45,517.19 in penalties and attorney’s fees.
• Dias v. Freetown Conservation Commission. Successfully defended the Commission against a complaint brought by an abutters group seeking to compel the Commission to undertake enforcement against a developer.
• Reyes v. Boston Housing Authority, et al. Obtained dismissal of claims against the BHA where third-party contractor was allegedly negligent in replacing insulation on hot water pipe causing burns to tenant’s child.

Prior Experience

Volterra, Goldberg, Mangiaratti & Jacobs, Attleboro, MA (2003-2006)
Private firm serving as counsel to the City of Attleboro, the Town of Mansfield, and the Town of Seekonk.

Honors & Awards

Deans Award for Academic Excellence in Municipal Law, Boston University 2001

Memberships & Affiliations

• Massachusetts Bar Association
• City Solicitors and Town Counsel Association
• Member of the Town of Brookline Conservation Commission

Bar & Court Admissions

• Massachusetts Bar
• U.S. District Court (Mass.)

Education

• Boston University Law School
  Juris Doctor, 2002
• University of New Hampshire
  magna cum laude, 1998

Publications

• Disability and the ADA: Learning impairment as a disability, Journal of Law, Medicine and Ethics; 28 J.L. Med & Ethics 410 (2000)

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