Michael L. Mineau

Partner


           

       

Michael is a Partner in the firm and Chair of the firm’s Land Use Practice Group, where he focuses primarily on commercial real estate development, land use and permitting, real estate litigation, and land use litigation.

Michael regularly represents clients in Rhode Island and Massachusetts in permitting land development projects, seeking variances and special use permits / special permits, petitioning for zone changes and ordinance amendments, subdivisions, due diligence and zoning analysis, navigating and litigating complex land use and property rights issues, negotiating and litigating easement disputes and adverse possession claims, condominium issues, boundary disputes, environmental issues, and representing clients before various state and local permitting and regulatory authorities.  Throughout his years of practice, Michael has represented some of the largest area developers, successfully permitting a wide variety of projects, including mixed-use, retail, commercial, industrial, renewable energy facilities, and multi-unit residential projects.  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, cannabis facilities, and short-term rentals.  Michael has been at the forefront of short-term rental law, regularly representing STR owners in defending enforcement actions by municipalities, seeking approvals and entitlements, and aggressively litigating to protect property owners’ rights.

In his litigation practice, Michael focuses almost exclusively 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, zoning appeals, riparian rights, and tax 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 has been a regular speaker and panelist at local and national seminars and conferences on a wide range of land use topics, as well as an author of numerous articles on land use issues and real estate law.  In addition to his legal practice, Michael serves as a member on a number of boards and committees, including the Roger Williams University Real Estate Advisory Board, the Portsmouth Economic Development Committee, the Aquidneck Island Planning Commission, and Portsmouth Little League.

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
    • Past member, 2013 – 2014
  • Rhode Island Bar Association
    • Past member, 2011 – 2013
  • Rhode Island Bar Association
    • Past member, 2011 – 2013

Boards and Community Activities

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

Representative Work

Permitting & Entitlements

  • Successfully represented major renewable energy developer in obtaining favorable advisory opinions from municipality in connection with off-shore wind project
  • Regularly represent solar energy developers in permitting numerous large-scale solar canopy projects
  • Successfully represented client in obtaining variance for short-term rental
  • 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 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
  • Regularly represent clients in litigating complex property rights claims and easement and adverse possession disputes
  • Successfully represented clients in appeal of municipal water board decision to state Water Resources Board
  • Served as lead trial counsel in complex easement dispute involving entire neighborhood in Massachusetts Land Court
  • 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

Honors

  • Rising Star, New England Super Lawyers, 2013 – 2022

Representative Publications

Representative Speaking Engagements

Recognitions

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