477 Harrison Ave., LLC v. JACE Boston, LLC, et al. (Lawyers Weekly No. 10-083-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12150 477 HARRISON AVE., LLC vs. JACE BOSTON, LLC, & another.[1] Suffolk. January 5, 2017. – May 23, 2017. Present: Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.[2] “Anti-SLAPP” Statute. Constitutional Law, Right to petition government. Practice, Civil, Motion to dismiss. Abuse of Process. Consumer Protection Act, Unfair or deceptive act. Civil action commenced in the Superior Court Department on March 23, 2015. A special motion to dismiss was heard by Dennis J. Curran, J. The Supreme Judicial Court granted an application for direct appellate review. Mark S. Furman (Emily C. Shanahan also present) for the defendants. Andrew E. Goloboy (Ronald W. Dunbar, Jr., also present) for the plaintiff. LENK, J. This case involves the application of G. L. c. 231, § 59H, the “anti-SLAPP” statute, to a dispute between adjoining building owners. In 2011, the plaintiff purchased a parcel of property located at 477 Harrison Avenue in Boston with the goal of redeveloping it. The defendants own an abutting parcel.[3] Over the course of the next several years, the defendants opposed the plaintiff’s redevelopment plans in various legal and administrative arenas. The plaintiff eventually filed a complaint against the defendants, raising claims of abuse of process and a violation of G. L. c. 93A, § 11. The defendants responded by filing a special motion to dismiss pursuant to G. L. c. 231, § 59H. A Superior Court judge denied the motion, the defendants appealed, and we allowed their application for direct appellate review. We consider first whether the defendants have met their threshold burden under the anti-SLAPP statute of showing that each claim is solely based on the defendants’ petitioning activity. See Duracraft Corp. v. Holmes Products Corp., 427 Mass. 156, 167 (1998) (Duracraft). We conclude that they have done so as to the abuse of process claim, but not as to the G. L. c. 93A claim. The judge correctly denied the special motion to dismiss the latter claim. The defendants having met their threshold burden as to the abuse of process claim, however, the burden then shifts to the plaintiff to show that the petitioning activity on which that claim is based lacks a reasonable basis in law or fact and has caused it actual injury, i.e., is not a valid exercise of the right to petition. On the record before […]
PHOTOS: Ink Block Demolition Continues on Harrison Ave
The former Boston Herald building is officially no more. Demolition has been underway for the last several weeks at the Harrison Ave site of the future Ink Block Developement, a $ 200 million mixed-use project that will feature hundreds of apartments and a Whole Foods supermarket. At the demolition site this week, construction crews used a crane and a wrecking ball to tear down the small portion remained standing of the Herald building. Construction began on the six-acre site in 2013 with a ceremonial ground-breaking. The project is scheduled to be fully completed in 2016. The Whole Foods supermarket is expected to open in late 2014. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Police: Man Sold Heroin to Undercover Officers on Harrison Ave
The following information was supplied by the Boston Police Department. Charges listed do not indicate a conviction. A Jamaica Plain man was arrested in the South End on Wednesday night for allegedly selling heroin to undercover police officers. Boston police officers conducted a “Buy/Bust” operation in the area of Northampton Street and Harrison Avenue on the evening of May 29 at 6:01 p.m, according to the police report. Based on previous police work, officers acquired a cellphone number of a person who allegedly sells heroin in the area. An undercover officer texted the number, asking to buy 5 plastic baggies of heroin for $ 80. The exchange was set for the CVS at 874 Harrison Ave, according to the report. According to the report, the suspect called two undercover officers and told them that he was in a silver Subaru, which was pulling into the parking lot at that moment. The undercover officers got into the car and gave the driver the $ 80. The driver then gave the officer the bags of heroin. The officers thanked the driver, exited the vehicle and signaled to police. Officers pulled the car over in front of 1855 Washington Street. The undercover officers identified the driver as the person who sold them the drugs. Boston Police arrested Jose Arias, 287 Centre Street, Jamaica Plain and charged him with possession of a Class A substance with intent to distribute. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Police: Man Charged with Drug Possession, Attempting to Break into Car on Harrison Ave
Boston Police observed a man looking into the windows of a blue Volvo while trying to open the front driver’s side door on Harrison Avenue at about 1:55 a.m. on April 27. The officer asked the suspect what was going on. The suspect reportedly turned around and looked frightened. The suspect reportedly started speaking rapidly. The officer thought that the suspect might try to make a run for it. The suspect stated that the vehicle belonged to his girlfriend. The suspect stated that he had just gotten off work and was looking to meet his girlfriend there. The suspect then told officers that he was off of his medications and that his girlfriend was on her way with the medication. According to the police, the suspect’s story continued to change. During his conversation with the officer, the suspect continued to place his hands in his pockets after the officer asked that he keep his hands in plain sight. The officer decided to search the suspect and preformed a pat and frisk. The officer found a pill bottle in the suspect’s pocket. The suspect told the officer that this was his medication. The officer investigated the pill bottle and found 15 Suboxone and Promethazine. Officers arrested Mathew Walsh of 425 Beale Street, Milton, and charged him with attempting to break into a vehicle and possession of a Class B substance. South End Patch
Categories: Arrests Tags: Attempting, Break, Charged, Drug, Harrison, Into, Police, Possession
Drug Investigation Prompts Arrest on Harrison Avenue
The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions. A drug investigation lead to an arrest on Harrison Avenue on Saturday evening. Boston resident Peter Monzi, of 784 Mass. Ave., was charged with multiple drug charges after police say they saw him buying heroin. Police conducted a drug investigation in the area of 881 Harrison Ave. on Saturday, March 30 at 6:15 p.m. Officers said they watched Monzi speak with two people on Harrison Ave, then walk down towards East Lenox Street and stop outside of 889 Harrison Ave. Officers said they then witnessed a hand-to-hand drug transaction. Police said Monzi returned to the area of 881 Harrison Ave. and sat on the ground with a syringe in one hand and a plastic cup with heroin in the other. Officers confronted Monzi and placed him under arrest. The suspect told officers that he had traded a $ 36 gift card for heroin with one of the unknowns in the group moments earlier. Police also found three round purple pills, which Monzi said were vitamins. The pills turned out to be Bupropion, a Class E substance. Officers arrested Monzi and charged him with possession of a Class A substance and with three outstanding warrants from New Bedford and Fall River District Court. Officers were unable to locate the man who sold Monzi the heroin. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
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