Michael L. Mineau

Counsel

Michael serves as Counsel in the firm’s Transactional and Litigation Practice Groups, where he focuses primarily on commercial real estate transactions, land use and development, and real estate-related litigation.

In his transactional practice, Michael represents real estate developers, owners, landlords, tenants, investors, and joint venturers in Rhode Island and Massachusetts in all phases of deals, including acquisitions and dispositions, leasing, due diligence, financing, drafting and negotiating easements and restrictions, reviewing and clearing title, and zoning and land use issues. Throughout his years of practice, Michael has represented some of the largest area developers in a variety of transactions and settings. Whether in the context of mixed-use, retail, commercial, industrial, vacant land, or multi-unit residential, Michael’s practical approach and results-oriented style, coupled with his even-keeled demeanor, make him the perfect partner for your next real estate transaction. Additionally, Michael has significant experience in niche areas including self-storage facilities, solar developments, and cannabis-related properties.

In his litigation practice, Michael focuses on real estate-related litigation, including, but not limited to, boundary and title disputes, adverse possession and prescriptive easement cases, breach of contract suits, specific performance claims, requests for declaratory and injunctive relief, condemnation and takings cases, land use litigation, and zoning appeals. Michael has extensive litigation and first-chair trial experience (jury and non-jury) and has represented clients in appeals to the Rhode Island Supreme Court. Michael’s trial experience has included trials in the Rhode Island Superior Court and Massachusetts Land Court.

Michael is admitted to practice law in both Rhode Island and Massachusetts state courts and in the U.S. District Court for the District of Rhode Island.

Practice Areas

Corporate & Business

Litigation & Disputes

Real Estate

Education

Roger Williams University School of Law, J.D.

Miami University, Oxford, OH, B.A., Political Science

Bar Memberships

Rhode Island

Massachusetts

U.S. District Court, District of Rhode Island

Professional Affiliations

Rhode Island Bar Association (current member)
Massachusetts Bar Association (current member)
Rhode Island Bar Association, Probate and Trust Committee
- Past member, 2013 – 2014
Rhode Island Bar Association, Title Standards and Practices Committee
- Past member, 2011 – 2013
Rhode Island Bar Association, Technology in the Practice Committee
- Past member, 2011 – 2013

Boards and Community Activities

Roger Williams University Real Estate Advisory Board
- Board Member
Portsmouth Economic Development Committee
- Committee Member
Aquidneck Island Planning Commission
- Commission Member
Portsmouth Little League
- Secretary
- Board Member

Representative Work

Permitting & Entitlements

Successfully represented client in obtaining Permit for demolition and construction of a 5-story mixed use building in urban special development district in Rhode Island.
Successfully represented client in obtaining Special Permit for retail cannabis facility in Massachusetts and closing on acquisition of site.
Successfully represented school facility in obtaining approval for Zone Change allowing for expansion into accessory structure.
Successfully represented solar developer in obtaining Dimensional Variances for large-scale canopy-mounted solar project in Massachusetts.
Successfully represented financial institution in obtaining Dimensional Variance for expansion of commercial building.
Assisted clients with obtaining Special Use Permit for accessory dwelling units in Rhode Island.
Successfully represented client in obtaining Dimensional Variance for encroachment into setbacks resulting from multi-family building rehabilitation.

Representative Cases

Regularly defend property owners in zoning enforcement actions and appeals concerning short-term rentals.
Represented developer in high-six figure dispute concerning refundability of deposit monies and successfully negotiated settlement of dispute.
Served as lead counsel in zoning appeal trial in Massachusetts Land Court resulting from denial of Special Permit.
Successfully represented clients in binding arbitration against neighbors in private compound concerning relocation of common land boundaries and subsequent subdivision approval by municipality.
Served as lead counsel in bench trial concerning adverse possession claim and obtained judgment from trial court in favor of defending landowner.
Successfully briefed and argued appeal to Rhode Island Supreme Court overturning lower court decision involving takings of private property.
Represented property owner in dispute and arbitration against contractor and successfully negotiated settlement.
Represented engineering company in complex multi-party litigation with solar developer and successfully negotiated settlement.
Successfully petitioned commercial tenant into receivership who was in default of lease obligations.
Served as lead counsel in trial concerning competing buyers’ claims to purchase real property and specific performance.
Served as second-chair trial counsel in complex partnership dispute involving management of real estate assets.
Successfully defended developer in action seeking preliminary injunction and prevailed on Motion to Dismiss and subsequent petition for recovery of fees.
Served as lead counsel in jury trial concerning real estate dispute and unjust enrichment claim and successfully obtained judgment for client.
Successfully represented client in recovering post-trial attorney’s fees in mechanic’s lien action.