Posts tagged "department"

Kain, et al. v. Department of Environmental Protection (Lawyers Weekly No. 10-066-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11961

ISABEL KAIN & others[1]  vs.  DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Suffolk.     January 8, 2016. – May 17, 2016.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Department of Environmental Protection.  Environment, Air pollution.  Regulation.  Administrative Law, Regulations.  Declaratory Relief.  Statute, Construction.

Civil action commenced in the Superior Court Department on August 12, 2014.

The case was heard by Robert B. Gordon, J., on motions for judgment on the pleadings. read more

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Posted by Massachusetts Legal Resources - May 17, 2016 at 5:33 pm

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Ainooson v. Department of Correction (Lawyers Weekly No. 10-063-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11780

JUSTICE E. AINOOSON  vs.  DEPARTMENT OF CORRECTION.

May 5, 2016.

Supreme Judicial Court, Superintendence of inferior courts.

Justice E. Ainooson appeals from a judgment of the county court denying, without a hearing, his petition for relief under G. L. c. 211, § 3.  We affirm.

In 2013, Ainooson commenced an action in the Superior Court against a number of individual defendants.  After receiving additional time to effect service, Ainooson filed a motion to waive service or to deem the defendants served.  That motion was allowed.  However, the judge vacated her allowance of the motion after the defendants filed a motion for reconsideration.  A different Superior Court judge subsequently ordered Ainooson to make service by regular mail at his own expense, with no further extensions to be allowed.  Ainooson’s G. L. c. 211, § 3, petition challenged these rulings.  After Ainooson filed his petition, but before the single justice ruled on it, a judgment entered in the Superior Court dismissing the complaint.  Ainooson timely filed a notice of appeal in the Superior Court. read more

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Posted by Massachusetts Legal Resources - May 5, 2016 at 10:54 pm

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L.B., et al. v. Chief Justice of the Probate and Family Court Department, et al. (Lawyers Weekly No. 10-060-16)

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-11892

L.B. & another[1]  vs.  CHIEF JUSTICE OF THE PROBATE AND FAMILY COURT DEPARTMENT & others.[2]

Suffolk.     October 5, 2015. – May 4, 2016.

Present:  Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Probate Court, Guardian.  Due Process of Law, Assistance of counsel.  Constitutional Law, Assistance of counsel.  Practice, Civil, Assistance of counsel.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on May 6, 2015.

The case was reported by Botsford, J. read more

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Posted by Massachusetts Legal Resources - May 4, 2016 at 2:44 pm

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Charbonneau v. Presiding Justice of the Holyoke Division of the District Court Department (Lawyers Weekly No. 10-009-16)

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-11908

JOSHUA CHARBONNEAU  vs.  PRESIDING JUSTICE OF THE HOLYOKE DIVISION OF THE DISTRICT COURT DEPARTMENT.

Suffolk.     October 8, 2015. – January 22, 2016.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Supreme Judicial Court, Superintendence of inferior courts.  District Court.  Practice, Criminal, Plea.  Statute, Construction.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on May 13, 2015.

The case was reported by Botsford, J. read more

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Posted by Massachusetts Legal Resources - January 22, 2016 at 6:02 pm

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Magazu, et al. v. Department of Children and Families (Lawyers Weekly No. 10-001-16)

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-11864

GREGORY T. MAGAZU & another[1]  vs.  DEPARTMENT OF CHILDREN AND FAMILIES.

Worcester.     September 10, 2015. – January 4, 2016.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Department of Children & Families.  Adoption, Foster parents.  Constitutional Law, Freedom of religion.  Religion.  Administrative Law, Substantial evidence.

Civil action commenced in the Superior Court Department on July 25, 2013.

The case was heard by Brian A. Davis, J., on a motion for judgment on the pleadings. read more

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Posted by Massachusetts Legal Resources - January 4, 2016 at 5:08 pm

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DeFelice Corporation v. Department of Public Utilities (Lawyers Weekly No. 11-164-15)

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Posted by Massachusetts Legal Resources - October 19, 2015 at 3:26 pm

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Ellis v. Commissioner of the Department of Industrial Accidents, et al. (Lawyers Weekly No. 11-148-15)

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

13-P-402                                        Appeals Court

JAMES ELLIS[1]  vs.  COMMISSIONER OF THE DEPARTMENT OF INDUSTRIAL ACCIDENTS & another.[2]

No. 13-P-402.

Suffolk.     October 10, 2013. – September 18, 2015.

Present:  Berry, Green, & Trainor, JJ.

Workers’ Compensation Act, Lump-sum settlement, Attorney’s fees.  Administrative Law, Judicial review.  Practice, Civil, Frivolous action.

Civil action commenced in the Superior Court Department on May 28, 2008. read more

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Posted by Massachusetts Legal Resources - September 18, 2015 at 6:50 pm

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Navy Yard Four Associates, LLC v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-130-15)

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-607                                        Appeals Court

NAVY YARD FOUR ASSOCIATES, LLC  vs.  DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.[1]

No. 14-P-607.

Suffolk.     April 2, 2015. – September 4, 2015.

Present:  Kafker, C.J., Kantrowitz, & Hanlon, JJ.

 

HarborsReal Property, Harbors, Restrictions, Littoral property, License.  Trust, Public trust.  LicenseDepartment of Environmental ProtectionAdministrative Law, Agency’s authority, Regulations, Agency’s interpretation of statute, Agency’s interpretation of regulation.  RegulationStatute, Construction.  Words, “Tidelands.” read more

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Posted by Massachusetts Legal Resources - September 4, 2015 at 2:56 pm

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Pugsley v. Police Department of Boston, et al. (Lawyers Weekly No. 10-133-15)

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

SJC-11740

SEAN PUGSLEY  vs.  POLICE DEPARTMENT OF BOSTON & others.[1]

Suffolk.     January 6, 2015. – July 31, 2015.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Boston.  Municipal Corporations, Police.  Police, Hiring.  Anti-Discrimination Law, Sex, Bona fide occupational qualification.  Employment, Discrimination.  Practice, Civil, Standing.

Civil action commenced in the Superior Court Department on June 2, 2011.

The case was heard by Carol S. Ball, J., on motions for summary judgment, and entry of final judgment was ordered by Frances A. McIntyre, J. read more

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Posted by Massachusetts Legal Resources - July 31, 2015 at 5:44 pm

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Fitzgerald v. District Court Department of the Trial Court (Lawyers Weekly No. 10-044-15)

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

SJC-11648

STEVEN FITZGERALD  vs.  DISTRICT COURT DEPARTMENT OF THE TRIAL COURT.[1]

March 13, 2015

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Plea.

Steven Fitzgerald appeals from a judgment of a single justice of this court denying his petition for relief under G. L. c. 211, § 3.  Because we agree with the single justice that Fitzgerald is not entitled to extraordinary relief under G. L. c. 211, § 3, we affirm.

Fitzgerald pleaded guilty to certain criminal offenses in the District Court in 2013.  In his petition before the single justice, he argued that he was forcibly medicated when he tendered his pleas.  He also complained that he has not been able to obtain a copy of the court file of the earlier, related proceedings conducted under G. L. c. 123, §§ 8B and 16 (b), which resulted in orders that he be involuntarily committed and treated with antipsychotic medications. read more

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Posted by Massachusetts Legal Resources - March 13, 2015 at 6:12 pm

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