Quarterman v. City of Springfield, et al. (Lawyers Weekly No. 11-035-17)
Retaliation claim against city upheld after mayor opposed liquor license application following employee's discrimination complaint. Lost profits damages eliminated.
City
City of Revere, et al. v. Massachusetts Gaming Commission (Lawyers Weekly No. 10-042-17)
Gaming license award challenged by unsuccessful applicant. Certiorari review available despite statutory bar to judicial review. Disappointed applicant has standing; host city and union do not. Open meeting law violations properly survived dismissal.
DeGiacomo v. City of Quincy, et al. (Lawyers Weekly No. 10-179-16)
Successor trustee barred by issue preclusion from rescinding 1972 lease of charitable trust property; Attorney General adequately represented income beneficiary's interests in prior equity proceeding.
Smith, et al. v. City of Westfield, et al. (Lawyers Weekly No. 111-08-16)
Article 97 protection requires formal designation by recorded deed or restriction, not mere actual use as parkland.
MacLaurin, et al. v. City of Holyoke, et al. (Lawyers Weekly No. 10-130-16)
Fire chief's sprinkler orders for renovated apartment buildings vacated and remanded. Substantial rehabilitation standard requires building rendered equivalent of new construction, not merely major alteration.
Weiss v. City of Cambridge (Lawyers Weekly No. 11-093-16)
Driver must yield to pedestrian in marked crosswalk even with green light. Statute applies generally, not just when following stopped vehicles.
City of Springfield v. United Public Service Employees Union (Lawyers Weekly No. 11-035-16)
Arbitrator properly reinstated employee terminated for sexual harassment based on progressive discipline principles despite serious misconduct.
Cumberland Farms, Inc. v. City Council of Marlborough (Lawyers Weekly No. 11-162-15)
Marlborough city council's denial of fuel storage license reviewed under arbitrary and capricious standard. Council's discretionary decision had rational basis in members' concerns about traffic, safety, and neighborhood effects.
Doe, et al. v. City of Lynn (Lawyers Weekly No. 10-147-15)
City ordinance prohibiting sex offenders from living near schools or parks violated Home Rule Amendment as inconsistent with comprehensive state regulatory scheme.
City of Springfield v. Local Union No. 648, International Association of Firefighters, AFL-CIO (Lawyers Weekly No. 11-107-15)
Arbitrator properly awarded back pay for employees unlawfully assigned to acting positions in violation of civil service law and collective bargaining agreement.