Experience

Attorney Brian J. Winner specializes in representing the firm’s municipal clients in land use and environmental litigation as well as in all aspects of land use and environmental planning and permitting. 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.

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 Planning Boards, Zoning Boards, Boards of Health, Historic District Commissions, Conservation Commissions, Harbor Masters, Water and Sewer Commissions, and Building, Police, and Fire Officials interpret, apply, and enforce the various statutes, codes, and local regulations within their respective jurisdictions.

Representative Matters

• Tardif v. Town of Georgetown. Following a week-long jury trial, obtained a defense verdict on claim that the Town’s denial of permits to develop a residential lot constituted a “regulatory taking” requiring the Town to compensate the property owner.
• Verizon New England, Inc., et al v. Town of Braintree and Town of Plymouth. Represented Plymouth and Braintree at an evidentiary hearing before the State Board of Electricians’ Appeals and obtained a precedent setting ruling that the installation of Verizon’s FiOS data, voice, and television services are subject to and require a permit under the State Electrical Code.
• 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.
• 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.

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 (2007-2010)

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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