Beverly Port Marina, Inc. v. Commissioner of the Department of Environmental Protection, et al. (Lawyers Weekly No. 11-145-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
12‑P‑2010 Appeals Court
BEVERLY PORT MARINA, INC. vs. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.[1]
No. 12‑P‑2010.
Essex. September 12, 2013. ‑ December 11, 2013.
Present: Green, Grainger, & Fecteau, JJ.
Department of Environmental Protection. Administrative Law, Agency’s interpretation of regulation, Regulations. Regulation. Real Property, Littoral property, License. License.
Categories: News Tags: 1114513, Beverly, Commissioner, department, Environmental, Inc., Lawyers, Marina, Port, Protection, Weekly
Franklin Office Park Realty Corp. v. Commissioner of the Department of Environmental Protection (Lawyers Weekly No. 10-172-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
SJC‑11334
FRANKLIN OFFICE PARK REALTY CORP. vs. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.
Worcester. May 9, 2013. ‑ September 16, 2013.
Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.
Department of Environmental Protection. Administrative Law, Agency’s interpretation of statute, Regulations, Judicial review. Practice, Civil, Review of administrative action. Environment, Air pollution. Asbestos. Statute, Construction. Regulation. Words, “Wilful.”
Categories: News Tags: 1017213, Commissioner, Corp., department, Environmental, Franklin, Lawyers, Office, Park, Protection, Realty, Weekly
Sears, Roebuck & Co., et al. v. Commissioner of Revenue (Lawyers Weekly No. 11-078-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
12‑P‑547 Appeals Court
SEARS, ROEBUCK & CO. & another[1] vs. COMMISSIONER OF REVENUE.
No. 12‑P‑547.
Suffolk. January 17, 2013. ‑ June 19, 2013.
Present: Cypher, Katzmann, & Rubin, JJ.
Taxation, Sales tax. Debt.
Appeal from a decision of the Appellate Tax Board.
Michael J. Bowen for Sears, Roebuck & Co.
Amy Spector, Assistant Attorney General, for Commissioner of Revenue.
Chardin v. Police Commissioner of Boston, et al. (Lawyers Weekly No. 10-096-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
SJC‑11196
MIRKO CHARDIN vs. POLICE COMMISSIONER OF BOSTON & another.[1]
Suffolk. February 4, 2013. ‑ June 4, 2013.
Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.
Firearms. License. Constitutional Law, Right to bear arms. Delinquent Child.
Civil action commenced in the Supreme Judicial Court for the county of Suffolk on October 13, 2011.
The case was reported by Spina, J.
Edward F. George, Jr., for the plaintiff.
McCabe v. Commissioner of Correction (Lawyers Weekly No. 10-070-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
SJC‑11365
JOHN McCABE vs. COMMISSIONER OF CORRECTION.
April 29, 2013.
Supreme Judicial Court, Superintendence of inferior courts, Appeal from order of single justice. Practice, Civil, Transfer of action to Superior Court.
In 1986, John McCabe was committed to the Massachusetts Treatment Center (treatment center) as a sexually dangerous person. Several years later, a Superior Court judge ordered that he be remanded to the custody of the Commissioner of Correction, subject to the terms of McCabe’s unexpired criminal sentences. More than twenty years later, McCabe filed an application in the county court seeking a declaration, pursuant to G. L. c. 231A, § 5, that he must be returned to the treatment center. The single justice ordered the matter transferred to the Superior Court, pursuant to G. L. c. 211, § 4A, and ordered that it be consolidated with another case that McCabe had commenced there that raised essentially the same issue. McCabe appeals from the order transferring his case to the Superior Court. We affirm.
Categories: News Tags: 1007013, Commissioner, Correction, Lawyers, McCabe, Weekly