W. Clay Massey

Land Use/Development

• Lead trial counsel for a global sterilization company in an action to declare a county government’s closure of its facility because of its use of ethylene oxide was unlawful and unconstitutional. Obtained a preliminary injunction of the county’s actions and ultimately a summary judgment declaring the county had no authority to close the facility.
• Lead trial counsel for a major construction aggregates company in an action challenging a county government’s denial of permits to expand a major granite quarry, resulting in the client obtaining the full approval necessary for the quarry expansion.
• Counsel for multiple construction aggregates companies on complex land use entitlements and disputes related to their creation and expansion of mining operations.
• Lead trial counsel for an interstate natural gas pipeline company in hundreds of federal condemnation actions under the Natural Gas Act for the construction of a 115-mile natural gas pipeline. Obtained summary judgment and injunctive relief authorizing construction of the pipeline while the claims for compensation are litigated.
• Lead appellate counsel in a case in which the Eleventh Circuit unanimously held that district courts are authorized to grant pipeline companies injunctive relief to immediately access properties for Natural Gas Act pipeline constructions upon FERC’s approval. Transcontinental Gas Pipe Line Co. v. 6.04 Acres, 910 F.3d 1130 (11th Cir.).
• Lead appellate counsel in a case in which the Eleventh Circuit unanimously held that district courts have substantial federal question jurisdiction over state tort claims necessarily challenging a condemner’s authority under the Natural Gas Act. Handy Land & Timber, LLLP v. Transcontinental Gas Pipe Line Co., LLC, No. 17-12322 (11th Cir.).
• Lead trial counsel for an international products manufacturer in the prosecution of a constitutional challenge to a zoning condition encumbering the client’s property.
• Lead trial counsel for an international appliance manufacturer in litigation in Michigan challenging a local government’s application of a historic district ordinance to preclude factory demolition.
• Obtained final judgment as lead trial counsel for a developer against an action to enjoin its proposed housing development on zoning and permitting grounds.
• Trial counsel for the nation’s largest construction materials producer in litigation to overcome zoning and land use restrictions prohibiting expansion of the client’s mining operations.
• Lead trial and appellate counsel in the prosecution of a $35 million action against an international hotel operator concerning the use and condition of a European client’s 25-story hotel property.
• Obtained summary judgment as lead counsel for a major travel center operator against an action by a national competitor asserting restrictive covenants to enjoin operations on the client’s property.
• Prosecuted a multimillion-dollar arbitration on behalf of an investor in a premier private golf club development and other commercial real estate developments based on claims of fraud, breach of contract, and breach of fiduciary duty, resulting in favorable settlement for the client.
• Advised a Saudi company in connection with efforts to establish land use regulations in Jeddah, Saudi Arabia.
• Obtained full dismissal and summary judgment for an Am Law 100 law firm in defense of fraud and malpractice claims arising from its prosecution of a zoning appeal.
• Represented residential, commercial, and industrial developers in land use administrative proceedings.
• Represented and advised various companies on land use diligence matters involved in major residential, commercial, and industrial land development projects.

Other Civil Matters

• Lead counsel for a global chemical company in defense of a federal court breach of contract and unjust enrichment lawsuit brought by Camden County, GA, over a former option agreement for the county’s purchase of approximately 4,000 acres of land from the company for a commercial spaceport. Obtained full dismissal with prejudice of the county’s claims on a motion to dismiss and obtained full affirmance from the Eleventh Circuit Court of Appeals. Camden County v. Union Carbide Corporation, No. 23-13768 (11th Cir.).
• Obtained full summary judgment and affirmance on appeal for an Am Law 100 law firm in the defense of fraud and malpractice claims arising from its representation of a developer in an industrial real estate transaction.
• Lead counsel for a Fortune 500 automotive parts distributor and remanufacturer in defense of a supplier’s multimillion-dollar federal court breach of contract action, resulting in a favorable settlement for the client.
• Obtained summary judgment as lead counsel for an international investment fund against an action by a German GmbH seeking status and rights as a member of the fund.
• Obtained a final judgment for a major municipal electric authority in litigation concerning the validation of funding for the construction of additional nuclear power units.
• Obtained summary judgment in favor of a national bank and its CEO against defamation claims arising out of an independent internal investigation and a restatement of earnings.
• Lead counsel for a national tax preparation services company in the defense against an action by a competitor to enjoin the client’s operations based on claims of unfair trade practices.
• Obtained summary judgment on behalf of a national health care provider to collect over $1 million in a breach of contract action.
• Obtained a six-figure judgment for an investor in an Off-Broadway production against a production company based on claims of fraud, breach of contract, and breach of fiduciary duty.
• Member of the interdisciplinary team of lawyers that represented the court-appointed independent Examiner in the Enron Corporation bankruptcy.