Gregg J. Corbo

Shareholder

E-mail: gcorbo@k-plaw.com
Phone: 617.556.0007
Practice Areas: General Municipal, Litigation, Land Use

Attorney Corbo has broad experience as a general municipal law practitioner, regularly advising clients on core administrative matters such as preparation for and attendance at Town Meeting, compliance with Title 5 and other local code enforcement, licensing, dangerous dogs and civil rights and tort litigation. Attorney Corbo has been practicing municipal law for over 20 years, has attended hundreds of board and committee meetings, and assisted dozens of towns in drafting town meeting warrant articles and motions, advising on posting and notice requirements, attending pre-town meetings to work with the moderator and other important town officials to ensure that the procedures for holding such meetings are fully vetted, and representing municipalities at town meetings of all sizes, with simple and complex warrants, and parliamentary procedure issues of all kinds.

Attorney Corbo frequently represents municipalities though all stages of code and bylaw enforcement efforts. He is a seasoned litigator, with experience in representing municipal clients in proceedings before the First Circuit Court of Appeals, the U.S. District Court, the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, the Massachusetts trial courts, and numerous administrative agencies, including the Department of Environmental Protection, the Alcoholic Beverages Control Commission, the Architectural Access Board, and the Appellate Tax Board. Attorney Corbo counsels clients on the development and implementation of policy, drafting by-laws and regulations, contract review, and consultation on day-to-day operations. Attorney Corbo also has extensive experience in land use litigation, including the defense of permit appeals and the prosecution of enforcement actions.

Examples of the importance of his work include winning a major case for the Town of Provincetown to affirm the authority of its Conservation Commission to prohibit hydraulic dredge in environmentally sensitive waters and, in another case, convincing the Appeals Court to reverse a lower court judgment requiring the Town of Dennis to provide restoration of a privately-owned beach in connection with a jetty reconstruction project. In addition to these significant litigation successes, Attorney Corbo recently assisted the Towns of North Reading and Andover in concluding years of contentious negotiations concerning the extension of Andover’s public water supply into North Reading, culminating in special legislation and a 99 year agreement.

Representative Matters

  • Represent clients before State and Federal Courts and administrative agencies to prosecute enforcement actions, to defend decisions of local boards, to defend allegations of misconduct by public officials, and to advance client interests in real estate, contract and other matters.
  • Negotiate and draft intermunicipal agreements.
  • Featured speaker at the annual meetings of Tri-County Clerks, Worcester County Clerks, Middlesex Town and City Clerks Associations, and North Shore City and Town Clerks Association on topics including of the regulation of animals, open meeting law and public records.
  • Counsel clients with respect to residency challenges and assist clients in conducting residency hearings and recounts, including assisting a seaside community in proceedings to challenge the residency of a large group of part-time occupants.
  • Provide formal trainings and seminars to clients on a wide range of topics including: public records, open meeting law, conflict of interest law, animal control laws and licensing laws.

Representative Decisions

  • Maria Asvestas, et al. v. Town of Carver, Plymouth Superior Court, C.A. No. 1983CV00596 (2019). Superior Court denied Motion for Preliminary Injunction to enjoin construction of a new police station on land used for playground purposes because the plaintiffs had no likelihood of success on their claim that the change in use was subject to the procedural requirements of Article 97 of the amendments to the Massachusetts Constitution. After denial of their motion, the plaintiffs withdrew the lawsuit.
  • Isabella Jancourtz v. Weston Board of Selectmen, Middlesex Superior Court, C.A. No. 1981CV01013 (2019). Superior Court denied Motion for Preliminary Injunction and dismissed lawsuit brought by resident who sought to invalidate Town Meeting vote and prevent voters from voting on debt exclusion question based on allegations that false information was presented at Town Meeting.
  • Miramar Park Association v. Town of Dennis, 480 Mass. 366 (2018). Supreme Judicial Court reversed injunction issued by Barnstable Superior Court which required Town of Dennis to provide restoration of a privately-owned beach in connection with a jetty reconstruction project.
  • Town of Swansea v. Maura T. Healey, Suffolk Superior Court, C.A. No. 1784CV03269 (2018). Superior Court reversed decision of Attorney General’s Division of Open Government which found that the Board of Selectmen violated the Open Meeting Law by failing to post sufficiently detailed meeting notices.
  • Aqua King Fishery v. Conservation Commission of Provincetown, 91 Mass.App.Ct. 712 (2017). Appeals Court upheld enforcement order issued by local conservation commission, holding that the Wetlands Protection Act applies to the harvesting of shellfish by means of hydraulic dredge in wetland resource areas, notwithstanding the fact that the plaintiff held a commercial fishing license issued by the Department of Marine Fisheries.
  • John R. Fitzgerald v. Town of Millis, Norfolk Superior Court, C.A. No. 17-00768 (2017). Superior Court refused to enjoin Town Meeting vote to construct a new school building based on a claim by an individual resident alleging that the Town Moderator violated rules of parliamentary procedure during Town Meeting.  
  • Kendra Dumont v. Town Clerk of Shirley, Middlesex Superior Court, C.A. No. 16-03344 (2017). Superior Court denied request for preliminary injunction to invalidate recall election, finding that Town Clerk and Board of Registrars properly applied the procedural requirements of the Town’s special legislation relating to recall elections.
  • In Re: Yankee Spirits, Inc. (Town of Plymouth), Alcoholic Beverages Control Commission (2016). ABCC upheld local licensing authority’s decision to deny application to transfer package store license on the ground that the area of the proposed new location was already adequately served by the number of existing licensed establishments.
  • Touher v. Town of Essex, 87 Mass.App.Ct. 837 (2015). Appeals Court affirmed Superior Court ruling in favor of Town, rejecting claim for compensation based on allegations that Town officials fraudulently induced tenants to build cottages on Town-owned land pursuant to long-term leases.
  • Town of Boxford v. Massachusetts Highway Department, 458 Mass. 596 (2010). Supreme Judicial Court held that state agencies are not exempt from regulations and orders issued by local boards of health when such regulations and orders do not interfere with the agency’s essential governmental function.
  • Water Department of Fairhaven v. Department of Environmental Protection, 455 Mass. 740 (2010). Supreme Judicial Court ruled in favor of numerous municipalities to limit the authority of the Department of Environmental Protection to impose restrictions on public water supplies.
  • David W. Eisenberg v. Edmund Wall (Town of Burlington Board of Health), 607 F.Supp.2d 248 (D. Mass. 2009). United States District Court ruled in favor of the Town and Board of Health finding that administrative inspections and enforcement of the State Sanitary Code did not violate the property owner’s Constitutional rights.
  • Charles F. McCoy, Jr. v. Town of Kingston, 68 Mass.App.Ct. 819 (2007). Massachusetts Appeals Court upheld Superior Court’s ruling in favor of Town on indemnification dispute.
  • Thore v. Howe, 466 F.3d 173 (1st Cir. 2006). First Circuit Court of Appeals upheld District Court decision granting police officer’s motion for summary judgment on excessive force claim arising out of officer’s decision to shoot at a moving vehicle to prevent imminent bodily harm to himself and others.
  • Padden v. Town of West Boylston, 64 Mass.App.Ct. 120 (2004). Massachusetts Appeals Court reversed a Superior Court finding that a Board of Health mandatory sewer connection regulation was invalid and entered judgment upholding Board of Health regulations.

Bar & Court Admissions

  • Massachusetts Bar
  • U.S. District Court (Mass.)
  • U.S. Court of Appeals for the First Circuit

Education
Boston University School of Law
Juris Doctor, 1998

Long Island University
Bachelor of Arts, cum laude, 1995