Experience

Attorney Jonathan Silverstein assists the firm’s clients in all facets of municipal, land use, business and general civil law. He has represented clients in a broad range of cases, including land use, civil rights, tort, contract, education, employment, and environmental, before all levels of the Massachusetts and Rhode Island trial courts, the United States District Court (Districts of Massachusetts and Rhode Island), the Massachusetts Appeals Court and Supreme Judicial Court, the Rhode Island Supreme Court, and the United States Court of Appeals for the First Circuit. In addition, Attorney Silverstein counsels clients on general municipal law, licensing, land use, and permitting.

Representative Matters

• Constitutional/Licensing DHL Associates v. Town of Tyngsborough, 64 Mass.App.Ct. 254 (2005). In case of first impression, Appeals Court held that Article 16 of the Massachusetts Declaration of Rights does not afford broader protections to adult entertainment than the First Amendment.
• Employment/Handicap Discrimination City of New Bedford v. MCAD, 440 Mass. 450 (2003). SJC reversed MCAD's decision to affirm arbitration award in favor of police officer, who claimed that decision to remove him from City's SWAT teams was based upon unlawful handicap discrimination. In case of first impression, SJC adopted federal courts' definition of "handicap" in ADA cases for purposes of claims under G.L. c.151B.
• Education Doe v. Superintendent of Schools of Stoughton, 437 Mass. 1 (2002). In first case to interpret student-discipline provisions of G.L. c.71, §37H½ part of the Education Reform Act, the SJC upheld the decision of the Town's Superintendent of Schools to suspend a student charged with a felony that took place off school premises and during the summer break. This decision reaffirms the broad discretion of school officials with respect to student discipline and safety.
• Municipal/Presentment Antonio v. City of Peabody, 51 Mass.App.Ct. 655 (2001), MLW June 4, 2001 (opinion digest). Appeals Court reversed denial of City's motion for summary judgment on grounds of inadequate presentment and ordered that judgment enter for City.
• Zoning Kennard v. Zoning Board of Appeals of Eastham, 52 Mass.App.Ct. 1005 (2001), MLW July 23, 2001 (opinion digest). Affirming judgment after trial upholding decision of Zoning Board of Appeals to deny plaintiff a special permit for the enlargement of a preexisting nonconforming structure and rejecting plaintiff's argument that denial of special permit for "de minimis" enlargement was abuse of discretion.
• Real Estate Town of Sandwich v. Panciocco, 48 Mass.App.Ct. 556, further app. rev. denied 431 Mass. 1105 (2000). Appeals Court affirmed summary judgment for plaintiff Town in right-of-way case involving inconsistencies between confirmation plan of defendant's property and registration plan of plaintiff's property.
• Civil Rights/Tort Rocheleau v. Town of Millbury, 115 F.Supp. 173 (D.Mass. 2000). Federal District Court awarded summary judgment to Town and Town officials on various civil rights and tort claims against town and police officers, arising out of pretrial detainee's alleged injuries while in Town lock-up facility.
• Comprehensive Permits/Enforcement Town of Boxborough v. Boxborough Meadows, LLC. In settlement of first-ever action by municipality to enforce the profit limitation imposed upon recipients of comprehensive permits for affordable housing projects under G.L.c.40B, developer agreed to pay $1.2 million to Town, to be used for affordable housing purposes.
• Environmental Town of Sturbridge v. Mobil Oil Company. $1.6 million settlement in groundwater contamination action, pursuant to G.L. c.21E.

Prior Experience

Rhode Island Supreme Court
Law Clerk, Justice Victoria Lederberg (1995-1996)

Honors & Awards

• Named one of five “Up and Coming Lawyers” by Massachusetts Lawyers Weekly in 2004

Memberships & Affiliations

• Massachusetts Bar Association, Civil Litigation Division
• Steering Committee Member, Municipal Coalition for Affordable Housing (MCAH)

Bar & Court Admissions

• Massachusetts Bar
• Rhode Island Bar
• U.S. District Court (Mass.)
• U.S. Court of Appeals for the First Circuit
• Supreme Court of the United States

Education

Boston College Law School
Juris Doctor, 1995
Editor, Environmental Affairs Law Review
Practicing Student Attorney, Office of the Attorney General, Government Bureau, Boston, MA(1994-1995)

Brandeis University
Bachelor of Arts, cum laude, 1992

Publications

• Comment: “Taking Wetlands to the Bank: The Role of Wetland Mitigation Banking in a Comprehensive Approach to Wetland Protection,” Boston College Environmental Affairs Law Review, Volume 22, Number 1
• Author,” Lucas One Year Later: Merely a Footnote to the Regulatory Takings Doctrine,” National Environmental Enforcement Journal, September 1993

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