Named a 2013 Massachusetts Super Lawyer, New
England Super Lawyers
PRACTICE FOCUS AND EXPERIENCE
Ken practices in the Business Law, Real Estate, Real Estate
Taxation and Environmental areas, related reviews by administrative
agencies and courts. He has been counsel to both private companies and
public authorities advising and counseling on organizational and
operational situations, business problems, and litigation in a broad
range of areas, particularly real estate development, construction,
commercial leasing, restaurants, contracts, and risk management. Ken
has extensive experience in solving the unique problems that confront
family and small businesses, including those that arise from insurance
placement and claim situations.
After many years of large firm practice in Boston, Ken brings
his deep experience in often complex situations to his new location.
The experience Ken has assisting businesses with the variety of legal
issues that arise for an operating business and planning for its future
are now available in MetroWest. His work includes counseling on the
form of organization, governance, contract negotiation, employment
matters, strategic and succession planning, and asset and real property
buying, selling and taxation.
Recently, Ken successfully represented a taxpayer in an appeal
to the Appellate Tax Board for a
tax improperly assessed on a solar array. Forrestall v. Assessors of
Westborough was the first ATB case in Massachusetts challenging a long
standing Department of Revenue ruling about the taxation of alternative
power personal property that was rigidly followed by assessors across
the state. It succeeded in abolishing the practice of taxing such
energy generating projects for multiple locations within the town.
Prior to entering private practice, Ken was an Assistant
Corporation Counsel for the City of Boston, where he handled a variety
of municipal law matters focusing on legislation, land use,
construction and contract areas. Subsequently, in private practice, Ken
was Town Counsel to several Massachusetts towns, and serves now as
special town counsel for specific issues.
- Represented the acquirer in a complex divestiture of a
division of a public utility in Boston.
- Organized the creation and management structure for a
family owned group of prosperous restaurants on different properties in
different cities and towns.
- Organized the generational succession of a large real
estate business from one generation to the several members of the next
- Prepared and argued to the Appellate Tax Board in 2013 the
first case arising from the statutory exemption of solar panel arrays
from personal property tax.
- Represented borrowers in multimillion dollar bond
financings through a state agency.
- Argued the first appeal involving the interpretation of the
agricultural land tax statute (M.G.L. c. 61A) and then argued a series
of M.G.L. c. 61A and B cases with a variety of different statutory
- Successfully argued an appeal to the Supreme Judicial Court
abolishing the common law seal as sufficient consideration for a
- Represented a public authority in a case involving
statutory construction of the enabling statute for the authority in a
provision of the general laws.
- Overturned trial court decision denying standing and
permitting client to challenge new construction on top of existing
North End residential dwelling.
REPRESENTATIVE REPORTED CASES
- Knott v. Racicot, 442 Mass. 314 (2004) -
Supreme Judicial Court decision abolishing the ancient common law
doctrine presuming consideration for contracts signed "under seal."
Though decision was limited to option contracts, Court noted that logic
of decision applies to other types of contracts as well.
- Town of Sudbury v. Scott, 439 Mass. 288 (2003) -
The Supreme Judicial Court, in a case of first impression, determined
the limits of Rights of first refusal of municipalities to purchase
agricultural and horticultural land from private sellers.
- Botello v. Massachusetts Port Authority, 47 Mass.
App. Ct. 788 (1999) - Setting new precedent, the
Appeals Court determined that a plaintiff injured by a defect in a
public way is not barred from recovery by failing to give proper notice
to the governing agency unless the agency shows resulting prejudice.
- Distinctions: Peer Review
AV® Preeminent™ rated by Martindale-Hubbell,
the highest bestowed rating; Massachusetts Super Lawyers, 2004, 2013.
- Admitted: Massachusetts; United States Supreme Court;
United States Court of Appeals for the First Circuit; United States
District Court for the District of Massachusetts.
- Member: Boston Bar Association (Member, Construction and
Appellate Committees); Massachusetts Bar Association; American Bar
Association (Member, Lawyer Business Ethics Committee and TIPS,
Construction and Business Law Sections); Family Firm Institute.
- Pro bono legal services to several area not-for-profit
organizations including a seven-day school for boys.
PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Delivery of Deeds chapter in Crocker's Notes on
Common Forms, 2013, Kenneth J. Mickiewicz and Kendra
- Depleted Endowment? The Answer May Be at Your Feet,
Massnonprofit.org, Kenneth J. Mickiewicz and Judith Ashton (coauthors)
- Resolving Freeze-out Flaps Without Pricey Court
Fights, Boston Business Journal,
Kenneth J. Mickiewicz and Judith Ashton (coauthors)