Posts tagged "Committee"

135 Wells Avenue, LLC v. Housing Appeals Committee, et al. (Lawyers Weekly No. 10-184-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12253

135 WELLS AVENUE, LLC  vs.  HOUSING APPEALS COMMITTEE & others.[1]

Suffolk.     April 6, 2017. – November 13, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, Budd, & Cypher, JJ.[2]

Municipal Corporations, Property, Use of municipal property.  Real Property, Deed, Restrictions.  Housing.  Zoning, Housing appeals committee, Low and moderate income housing, Board of appeals:  jurisdiction.  Permit.

Civil action commenced in the Land Court Department on January 14, 2016. read more

Posted by Stephen Sandberg - November 14, 2017 at 4:38 am

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Lawyers Committee for Civil Rights and Economic Justice v. Court Administrator of the Trial Court, et al. (Lawyers Weekly No. 10-176-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12379

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND ECONOMIC JUSTICE  vs.  court administrator of the Trial Court & others.[1]

November 6, 2017.

Moot Question.  Practice, Civil, Moot case.  Trial Court.  Public Records.

The Lawyers’ Committee for Civil Rights and Economic Justice (Lawyers’ Committee) appeals from a judgment of the county court dismissing as moot its petition seeking declaratory and injunctive relief requiring the respondents, who are the court administrator, office of court management, and executive office of the Trial Court, to produce certain records pursuant to the public records law.  G. L. c. 66, § 10.  We directed the parties to file memoranda addressing whether the single justice erred or abused his discretion in dismissing the case as moot.  After reviewing the parties’ submissions, we affirm the judgment. read more

Posted by Stephen Sandberg - November 6, 2017 at 9:21 pm

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Deputy Chief Counsel for the Public Defender Division of the Committee for Public Counsel Services, et al. v. Acting First Justice of the Lowell Division of the District Court Department (Lawyers Weekly No. 10-084-17)

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-12121

DEPUTY CHIEF COUNSEL FOR THE PUBLIC DEFENDER DIVISION OF THE COMMITTEE FOR PUBLIC COUNSEL SERVICES & another[1]  vs.  ACTING FIRST JUSTICE OF THE LOWELL DIVISION OF THE DISTRICT COURT DEPARTMENT.

Suffolk.     November 9, 2016. – May 24, 2017.

Present:  Gants, C.J., Hines, Gaziano, Lowy, & Budd, JJ.

Committee for Public Counsel Services.  District Court, Drug court session.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on February 23, 2016. read more

Posted by Stephen Sandberg - May 24, 2017 at 7:41 pm

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Perullo v. Advisory Committee on Personnel Standards (Lawyers Weekly No. 10-064-17)

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-12095

RENEE PERULLO  vs.  ADVISORY COMMITTEE ON PERSONNEL STANDARDS.

Suffolk.     January 9, 2017. – April 24, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Lowy, & Budd, JJ.[1]

Public Employment, Removal.  Trial CourtDistrict Court.  Due Process of Law, Employment, Termination of employment.

Civil action commenced in the Superior Court Department on January 12, 2015.

The case was heard by Elizabeth M. Fahey, J., on motions for judgment on the pleadings. read more

Posted by Stephen Sandberg - April 24, 2017 at 4:59 pm

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Zoning Board of Appeals of Hanover v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-110-16)

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

15-P-893                                        Appeals Court

ZONING BOARD OF APPEALS OF HANOVER  vs.  HOUSING APPEALS COMMITTEE & another.[1]

No. 15-P-893.

Plymouth.     May 9, 2016. – August 29, 2016.

Present:  Agnes, Massing, & Kinder, JJ.

HousingZoning, Housing appeals committee, Comprehensive permit, Low and moderate income housing.  Administrative Law, Agency’s interpretation of regulation, Regulations. Municipal Corporations, Fees. read more

Posted by Stephen Sandberg - August 29, 2016 at 3:17 pm

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Schubert v. Committee for Public Counsel Services (Lawyers Weekly No. 10-117-16)

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-12044

GREG T. SCHUBERT   vs.  COMMITTEE FOR PUBLIC COUNSEL SERVICES.

August 9, 2016.

Supreme Judicial Court, Superintendence of inferior courts.

The petitioner, attorney Greg T. Schubert, filed papers in the county court entitled “writ of mandamus” and “writ of certiorari” that a single justice treated as a petition pursuant to G. L. c. 211, § 3, and denied.  Schubert appeals, and we  affirm.

The matter stems from a billing dispute between Schubert and the respondent, the Committee for Public Counsel Services (CPCS).  Essentially, CPCS conducted an audit of bills that Schubert submitted for payment to CPCS in connection with legal services that he provided for an indigent defendant.  Pursuant to the CPCS Assigned Counsel Manual, certain administrative proceedings followed the audit, culminating in a hearing.  The hearing officer ultimately rendered a decision adverse to Schubert, after which Schubert filed two separate complaints in the Hampden County Superior Court:  one in the nature of certiorari (HDCV2013-00881) and one for a declaratory judgment (HDCV2014-00141).  CPCS filed a motion to dismiss in each action.  A judge denied the motion in the certiorari action because, at the hearing on the motion, CPCS agreed to give Schubert additional time to file a motion for judgment on the pleadings, as required by Superior Court Standing Order 1-96.  Schubert had not filed such a motion because he did not believe that the standing order applied to his case.  In the declaratory judgment action, the judge did allow CPCS’s motion to dismiss, on the bases that CPCS cannot be sued under G. L. c. 231A, § 2, for a declaratory judgment, and that the individual defendants named in that action were immune from suit. read more

Posted by Stephen Sandberg - August 9, 2016 at 3:50 pm

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Eisai, Inc., et al. v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-072-16)

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

15-P-680                                        Appeals Court

EISAI, INC., & others[1]  vs.  HOUSING APPEALS COMMITTEE & another.[2]

No. 15-P-680.

Suffolk.     March 8, 2016. – June 20, 2016.

Present:  Hanlon, Sullivan, & Massing, JJ.

HousingZoning, Housing appeals committee, Comprehensive permit, Person aggrieved.  Practice, Civil, Zoning appeal, Standing.

Civil action commenced in the Superior Court Department on March 11, 2014.

The case was heard by Edward P. Leibensperger, J., on motions for judgment on the pleadings. read more

Posted by Stephen Sandberg - June 20, 2016 at 5:17 pm

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Groton-Dunstable Regional School Committee v. Groton-Dunstable Educators Association (Lawyers Weekly No. 11-075-15)

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

14-P-701                                        Appeals Court

GROTON-DUNSTABLE REGIONAL SCHOOL COMMITTEE  vs.  GROTON-DUNSTABLE EDUCATORS ASSOCIATION.

No. 14-P-701.

Middlesex.     March 9, 2015. – July 20, 2015.

Present:  Trainor, Wolohojian, & Carhart, JJ.

School and School Committee, Professional teacher status, Termination of employment.  Education Reform Act.  Arbitration, Collective bargaining, School committee.  Public Employment, Collective bargaining, Termination. read more

Posted by Stephen Sandberg - July 20, 2015 at 4:58 pm

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School Committee of Lexington v. Zagaeski (Lawyers Weekly No. 10-125-14)

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-11536

SCHOOL COMMITTEE OF LEXINGTON  vs.  MARK ZAGAESKI.

Middlesex.      March 4, 2014. – July 14, 2014.

Present:  Ireland, C.J., Spina, Cordy, Botsford, Duffly, &

Lenk, JJ.

Arbitration, Judicial review, Authority of arbitrator, Award, School committee.  Education Reform Act.  Statute, Construction. School and School Committee, Arbitration, Termination of employment.  Public Employment, Termination.

Civil action commenced in the Superior Court Department on April 27, 2012.

Motions to vacate and to affirm an arbitration award were heard by Bruce R. Henry, J. read more

Posted by Stephen Sandberg - July 14, 2014 at 3:53 pm

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School Committee of Marshfield v. Marshfield Education Association (Lawyers Weekly No. 11-007-14)

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‑1737                                       Appeals Court

SCHOOL COMMITTEE OF MARSHFIELD  vs.  MARSHFIELD EDUCATION ASSOCIATION.

No. 12‑P‑1737.

Plymouth.     October 8, 2013.  ‑  January 28, 2014.

Present:  Kafker, Vuono, & Carhart, JJ.

Contract, School teacher, Collective bargaining contract, Arbitration.  Public Employment, Collective bargaining, Termination.  School and School Committee, Collective bargaining, Termination of employment, Arbitration, Waiver.  Labor, Public employment, Collective bargaining, Arbitration.  Arbitration, School committee, Collective bargaining, Authority of arbitrator, Award.  WaiverLicensePublic Policy. read more

Posted by Stephen Sandberg - January 28, 2014 at 4:47 pm

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