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The principals and attorneys for Copper Mill development, who are alleging fraud by the owners of 75 Morrissey Blvd., secured a restriction on the property in Suffolk Superior Land Court last Tuesday (Oct. 27) that they believe will deter the marketing and sale of the property during ongoing litigation.
Copper Mill filed suit against POB Capital of Chicago and Pactolus global private equity company of Virginia last month, citing fraud in their dealings over developing the property and seeking a return to the original purchase and sales agreement (P&S), which was cancelled by the owners in June.
The project in question is Phase 1 of a much larger project but still represents 750 units of housing in two high-rise buildings and a 23,900-square-foot community park and extensive roadway improvements that were approved in August 2025.
“The court heard from the parties on plaintiffs’ motion for memorandum of lis pendens,” read the court decision posted on the same day. “After hearing from the parties, including defendants’ opposition, the court allowed the motion. A memorandum of lis pendens shall issue via separate docket entry for filing with the registry district of the Land Court.”
A “lis pendens” is a public notice placed on the deed of a property to warn potential buyers it is in litigation whereby the court action could affect the property title. Judge Sarah Turano-Flores granted the notice within a day, which Copper Mill principals have said was a key first piece to their overall case. A second case is in Suffolk Superior Court Civil Division alleging fraud and seeking a return to the original P&S agreement so they can develop the property as originally intended.
Neighbors and the Columbia Savin Hill Civic Association (CSHCA) have broadly supported the Copper Mill cause as they have a mitigation agreement in place that includes a $750,000 payment to benefit the neighborhood and because they prefer Copper Mill’s methods and timeline for getting rid of the vacant building now on the site.
Attorney Brian Cook, of the Goodwin Proctor law firm, who was representing the owners, opposed the Lis Pendens. He told The Reporter in an email he had no further comment on the matter, but in court filings he detailed the opposition, which reads:
“The lis pendens statute protects parties who assert an existing right to title; it does not exist to preserve speculative future purchase opportunities. Copper Mill asserts no such right, and its motion should be denied on that basis alone. Further, Copper Mill’s own litigation conduct confirms that this is a commercial dispute, not a title dispute…The Court should recognize this attempt to recharacterize a business dispute as a title dispute and thus decline to endorse the lis pendens.”
Cook has filed a special motion to dismiss the case and remove the lis pendens notice that will be heard by the court on Nov. 16.
Copyright © 2026 Boston Neighborhood News, Inc. This content may not be re-published or re-used without written permission.
