Melissa P. McCarthy

Melissa P. McCarthy, Esq.Associate

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

Attorney Melissa McCarthy assists the firm’s clients in all areas of municipal, land use, real estate, litigation, and general civil law. She has successfully represented clients in a broad range of cases before Massachusetts trial and appellate courts, as well as the United States District Court.

Prior to joining the firm, Attorney McCarthy served as an Associate at Cumsky & Levin LLP where she represented lenders and developers in the financing of affordable housing transactions and related land use matters.  She was responsible for drafting loan documents and deed restrictions and she handled all aspects of due diligence including land use opinions and title examinations.

Attorney McCarthy previously served for six years as Assistant Corporation Counsel at the City of Boston Law Department where she counsled City employees on a range of legal matters including procurement, bid protests, constructions claims, Open Meeting Law, and the Public Records Law.  She also handled a variety of litigation on behalf of the City of Boston including zoning appeals, eminent domain litigation, claims arising under the Fair Housing Act, and claims relating to the City’s regulation of the taxi cab industry.

Prior to serving as an Assistant Corporation Counsel for City of Boston, Attorney McCarthy served as an Associate at Tarlow, Breed, Hart & Rodgers, P.C. where she assisted on matters involving litigation, corporate law, trust and estates, and real estate law.

Representative Matters

  • Safe Haven Sober Houses LLC et al. v. Turner et al., SUCV2007CV02247 (2012). Obtained bench trial verdict in favor of the City of Boston and the commissioner of the Inspectional Services Department where Plaintiffs had alleged violations of the M.G.L. c. 40A, §3 and the Fair Housing Act related to the City’s enforcement actions involving their operation of sober housing.
  • Junior v. City of Boston, SUCV2008CV05241 (2012). Obtained jury trial verdict in favor of the City of Boston where Plaintiff alleged damages on account of an eminent domain taking of commercial property.
  • Cote et al. v. City of Boston, SUCV2009CV02799 (2009). Superior Court granted the City’s motion to dismiss Plaintiffs’ claims relating to a motorcycle noise ordinance on the grounds that the Plaintiffs did not have standing to challenge the ordinance.
  • Sebago v. City of Boston, SUCV2012CV00930 (2012). Superior Court granted the City’s motion to dismiss Plaintiffs’ claims of aiding and abettng misclassification of taxi cab drivers as independent contractors on the grounds that the City is immune from suit from intentional torts pursuant to M.G.L. c. 258, §10.
  • Represented the City of Boston in negotiations involving several land use and real estate matters including repairs to and maintenance of the capped landfill on Spectacle Island, amendments to a street furniture contract, and the procurement of leases for the commercial stalls in Faneuil Hall.

Prior Experience

Cumsky & Levin, LLC, Cambridge, MA
Associate (2014-2016)
Represented lenders and developers regarding the financing of affordable housing development in Massachusetts; drafted loan documents and managed due diligence.

City of Boston Law Department, Boston, MA
Assistant Corporation Counsel (2008-2014)
Served as legal advisor for the Mayor’s Office of Emergency Preparedness and the Property Management Department on a wide variety of legal issues critical to daily operations of the City of Boston. Represented City and its employees in litigation in state and federal court.

Tarlow, Breed, Hart & Rodgers, P.C.
Associate (2004-2008)
Assisted with complex litigation including construction claims and real estate related disputes; legal research and analysis of a variety of issues including corporate law, trust and estate matters and real estate law.

Memberships & Affiliations

  • Massachusetts Municipal Lawyers Association
  • Women’s Bar Association

Bar & Court Admissions

  • Massachusetts Bar (2004)
  • U.S. District Court (Mass.)

Education

Northeastern University School of Law
Juris Doctor, 2004

Boston University
Bachelor of Arts, Latin American Studies and Political Science, 1996

Representative Speaking Engagements

Massachusetts Municipal Lawyer’s Association: Regulation of Sober Housing Under Local Zoning Laws (2012)