Spencer v. Civil Service Commission, et al. (Lawyers Weekly No. 10-046-18)
Commissioner who resigned under pressure cannot revert to prior tenured civil service position absent involuntary termination.
Commissioner who resigned under pressure cannot revert to prior tenured civil service position absent involuntary termination.
Supplemental sick and vacation pay received by a public employee while on workers' compensation does not qualify as regular compensation for retirement purposes.
Liquor license transfer appeal cannot be dismissed as moot based on separate renewal denial never properly presented at hearing.
Property owner challenges casino commission's alleged interference with land sale by threatening unsuitable status to casino applicant unless price was reduced.
Beer wholesaler violated price discrimination law by paying management companies to secure tap lines at retail venues. Affirmed.
Court dismissed negligence claims for failure to present to executive officer as required by tort claims act. Civil rights claims under medical marijuana possession and equal protection survived summary judgment.
Retailer's cost calculation including earned but undocumented cumulative quantity discounts does not violate minimum pricing rules where calculation reflects actual net cost.
Conservation commission's roadway order enforceable despite developer's DEP superseding order for separate lot work; local ordinance stricter than state law.
Gaming Commission held to be public employer immune from tortious interference claim under Massachusetts Tort Claims Act.
Municipal wetlands by-law prohibiting hydraulic dredging for sea clams is invalid; Wetlands Protection Act nonetheless applies to the fishing operation.