Website: www.mcgregorlegere.com

Admitted: Massachusetts

Law School: 

College: 

Birth Date and Place: 

Practice Areas: Civil Litigation, Governmental Tort Claims, Environmental Law

Additional Information: Mr. O’Neill’s cases in court range across all types of real estate, land use and environmental disputes, from jury trials for money damages to bench trials for injunctive relief, cleanup cost recovery to business defense, insurance claims to corporate liability, and air and water pollution citizen suits. Richard J. Bartley Trustee of Richard J. Bartley Revocable Trust et al. v. Boston Gas Company dba National Grid — File suit on behalf of the manufacturer on account of pollution from a former coal gasification plant, a DEP 21E Superfund site. Extensive discovery, including historical research and expert testimony. Several aspects of the litigation before a court-appointed Master. Settlement before trial in a comprehensive monetary, real estate, cleanup and litigation agreement. Hobart v. Notus Clean Energy, LLC and Town of Falmouth— Defended a Superior Court suit against Notus Clean Energy, operator of a wind turbine in Falmouth, MA, by nearby homeowners alleging that the wind turbine was a nuisance causing harmful health effects. Won outright dismissal of the suit after extensive discovery on plaintiffs’ claims, expert testimony on noise testing, and investigation of claimed vibration and psychological effects. Hobart v. Notus Clean Energy, LLC and Town of Falmouth, Barnstable Superior Court. In related matters, won favorable rulings from the Falmouth Zoning Board of Appeals, Board of Health and Building Commissioner, rejecting the landowners’ complaints that the Notus wind turbine was a nuisance and should be shut down. Thyng et al. v. Thomas Kelly, et al. — Counsel for plaintiff suing City of Quincy officials for violations of federal and state civil rights statutes for blocking his attempts to build a single-family residence for more than ten years for illegal and pretextual reasons. Won denials of motions for summary judgment by all individual defendants. Case is scheduled for trial. Thyng et al. v. Thomas Kelly, et al., Norfolk Superior Court. Thyng v. Quincy Conservation Commission — In a related matter, after the City of Quincy failed to comply with a Superior Court judgment remanding Thyng’s application under the Quincy Wetland Ordinance to the Conservation Commission for further hearing, won a Judgment from Norfolk Superior Court finding the Commission had no explanation for failing to hold a hearing other than animosity toward Thyng and ruling the project was approved. Thyng v. Quincy Conservation Commission, Norfolk Superior Court. Paolino et al. v. JF Realty, LLC et al. — In a case of first impression, won for our clients Paolino and Issa in Cumberland, RI a decision from the U.S. Court of Appeals for the First Circuit, reversing a District Court dismissal and establishing the requirements for pre-suit notice for ccitizen suits under the federal Clean Water Act. Ruled the requisite notice of citizen suits need not specify the section of the Act allegedly violated. Paolino et al. v. JF Realty, LLC et al., 710 F.3d. 31 (1st Cir., 2013). Nickolas et al. v. City of Marlborough et al. — Successful defense for the City of Marlborough to challenges by abutters that its plan to construct a Senior Center in a city park violated Article 97 of the Amendments to the Massachusetts Constitution, the public trust doctrine, and other legal requirements. After abutters filed suit, the Superior Court upheld the defense and rejected the challenges. Nickolas et al. v. City of Marlborough et al., Middlesex Superior Court. Brooks Pond Conservation Association, Inc. v. Starr, et al. — Won a judgment after a Superior Court trial establishing our client Brooks Pond Association, Inc., as owner of a 180-acre pond in four towns near Worcester, the right to make and enforce regulations for use of pond. Trial involved enforcement of those rules against a non-compliant boat operator who challenged pond ownership and invoked Great Pond status, and turned on the classic problem of a missing, unrecorded deed in chain of title. The Appeals Court affirmed in Brooks Pond Conservation Association, Inc. v. Starr, et al. Mahajan v. Department of Environmental Protection — On brief for the Appellants in the case of Mahajan v. Department of Environmental Protection, 464 Mass. 604 (2013), in which the Appellants challenged the issuance of a Chapter 91 Tidelands and Waterways license allowing construction of a private restaurant at the seaward end of historic Long Wharf in Boston. The ruling determines the application of Article 97 of the Constitutional Amendments to parklands originating in BRA urban renewal eminent domain. Colvin et al. v. Town of Lynnfield, et al. — Co-counsel in Colvin et al. v. Town of Lynnfield, et al., Essex Superior Court. Obtained a jury verdict over $600,000 for seven families against the Town of Lynnfield for a nuisance and trespass that destroyed Mill Pond by sludge from a dredging project gone awry. Award with interest affirmed by the Appeals Court. In companion action obtained a Judgment of Contempt as the Town failed to comply with an earlier Consent Judgment to restore the pond under the Wetlands Protection Act. The resulting five-year, court-supervised restoration made these Colvin cases the first time the Act and common law doctrines had been combined to secure money damages, legal fees and expert expense awards, and contempt remedies on behalf of private citizens enforcing their property rights and the Act. O’Reilly et al. v. Syswerda et al. — Successfully defended clients against a Superior Court suit by adjacent property owners that oil had leaked onto their property from an underground storage tank when clients’ property was owned by a previous owner. Successfully demanded defense from clients’ insurer and defended suit at expense of insurer. Won summary judgment for clients, arguing that prior had reached a Permanent Solution and a Condition of No Significant Risk existed, among other things. O’Reilly et al. v. Syswerda et al., Middlesex Superior Court. Syswerda et al v. O’Reilly et al. — In a related case, won a Preliminary Injunction from Superior Court, enjoining the construction of a new house on the same adjacent property on the grounds that the new house did not comply with the zoning requirements for frontage. Syswerda et al v. O’Reilly et al., Middlesex Superior Court. Marblehead, MA Municipal Solid Waste Landfill — Represented owners of a condominium in Marblehead, MA with respect to contamination from an historic municipal solid waste landfill. Negotiated a favorable settlement with the Town, requiring the Town to pay our clients a substantial monetary settlement, remediate the contamination, and release our clients from all liability. Ryan et al. v. Martin, Trustee, et al.— In a related case, defended a Superior Court suit by purchasers of two condominium units alleging misrepresentation for failure to disclose the presence of contamination. After depositions of the Plaintiffs and other discovery, negotiated a favorable settlement, dismissing the lawsuit. Ryan et al. v. Martin, Trustee, et al., Essex Superior Court. Becker v. Town of Westwood et al. — Tried an appeal by abutters and neighbors in Superior Court of a Special Permit issued by the Westwood Planning Board for a Senior Development on an environmentally and historically sensitive site in the Town of Westwood. Becker v. Town of Westwood et al., Norfolk Superior Court. Land has been permanently preserved as open space and hiking trails pursuant to a conservation restriction. Northwood Properties, LLC v. Tyler et al. — Won a Special Motion to Dismiss in Superior Court under the Anti-SLAPP Suit Statute, G.L. c. 231, sec. 59H, against an unsuccessful developer who sued our clients based on their having appealed a special permit for development of a senior housing project for the ultimate purpose of land conservation. (Statute provides for dismissal and recovery of attorneys’ fees if the defendant can show the suit is based on the defendant’s exercise of his constitutional rights of petition). Northwood Properties, LLC v. Tyler et al., Middlesex Superior Court. Larson et al. v. Border et. al. — Won a Judgment in Superior Court on behalf of abutters vacating the grant of a comprehensive permit under G.L. c. 40B for a multi-unit housing development in Topsfield. This is one of the very rare cases reversing the grant of a comprehensive permit. Larson et al. v. Border et. al., Essex Superior Court. Richard Cuda et al v. Town of Orleans et al. — Filed suit in Superior Court, challenging a proposed taking by eminent domain of a private way owned by our clients by the Town of Orleans, leading to rejection by the Orleans Town Meeting of the proposed taking. Richard Cuda et al v. Town of Orleans et al., Barnstable Superior Court. City of Springfield Assistance on Pollution Releases/Remediation, Advise on Tactics and Strategy — Assisted the City of Springfield on pollution releases and remediation costs for a Brownfield site slated for public school construction, which disclosed industrial oil contamination. Utilized EPA and DEP files, consultant reports, financial records, and corporate history. Prepared federal court complaint for cost-recovery suit against the site’s former owners under Superfund (CERCLA). Advised City Law Department on discovery, tactics and strategy. After summary judgment, case settled for $2.5 million to reimburse the City the premium costs of school construction to deal with historic hazardous waste. Curtis Dias et al v. Planning Board of Freetown et al. — Represented Concerned Citizens of Freetown, Inc., a non-profit corporation, and residents of East Freetown, MA in a several matters over many years. Opposed industrial buildings and land uses before Freetown Conservation Commission and Planning Board. Persuaded Planning Board to eliminate proposed dead-end water main for industrial subdivision with history of water pressure problems. Secured state enforcement and shut-down of illegal tire dump. Appealed approvals of industrial subdivision to Land Court twice, winning remands to Planning Board. Curtis Dias et al v. Planning Board of Freetown et al., Land Court. Curtis Dias et al v. Conservation Commission of Freetown — In related matters, appealed action by Conservation Commission to DEP and Bristol Superior Court. Curtis Dias et al v. Conservation Commission of Freetown, Bristol Superior Court. Obtained real estate tax abatements for numerous East Freetown residents. Secured U.S. Environmental Protection Agency enforcement of the federal Clean Water Act, Section 404, against unpermitted wetland filling.