POAH-MPTTA Joint Venture, LLC, et al. v. New Mass Pike Towers Limited Partnership, et al. (Lawyers Weekly No. 09-027-17)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 16-03282-BLS1 POAH – MPTTA JOINT VENTURE, LLC & another1 vs. NEW MASS PIKE TOWERS LIMITED PARTNERSHIP & others2 MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ SECOND SUBSTITUTE COMPLAINT Plaintiffs, POAH – MPTTA Joint Venture, LLC (Joint Venture) and Mass Pike Towers Tenants Association, Inc. (MPTTA), filed this action for declaratory judgment against defendants, New Mass Pike Towers Limited Partnership, Trinity Financial, Inc., and Trinity Mass Pike Towers, Inc (referred to collectively as “Trinity”). Trinity moves to dismiss plaintiffs’ “Second Substitute Complaint” (Complaint) for lack of jurisdiction under Mass. R. Civ. P. 12(b)(1), failure to state a claim under Mass. R. Civ. P. 12(b)(6), and for failure to add indispensable parties under Mass. R. Civ. P. 12(b)(7) and Mass. R. Civ. P. 19. Count I is brought solely by the Joint Venture, and Count II is brought solely by MPTTA. In both counts, plaintiffs seek declaratory judgment relating to the potential purchase and sale of Mass Pike Towers. For the reasons stated below, Trinity’s motion to dismiss is allowed. 1 Mass Pike Towers Tenants Association, Inc. 2 Trinity Mass Pike Towers, Inc., as general partner of New Mass Pike Towers Limited Partnership, and Trinity Financial, Inc. BACKGROUND The facts as revealed by the Complaint are as follows. Mass Pike Towers is a two hundred unit subsidized housing complex in the Chinatown section of Boston, Massachusetts. Plaintiff MPTTA is a 501(c)(3) charitable association of the tenants of Mass Pike Towers. Plaintiff Joint Venture is a Massachusetts limited liability company, consisting of MPTTA and Preservation of Affordable Housing, Inc. (POAH).3 In this action, the Joint Venture seeks a declaration for specific enforcement of an option it allegedly received from the City of Boston to purchase Mass Pike Towers. As an alternative ground for relief, MPTTA asserts in Count II that there is an actual controversy between the parties as to whether MPTTA should be allowed to exercise the option on its own behalf. Plaintiffs request that the court issue a declaration of their rights. In 1999, defendant, Trinity Financial, Inc., a local for-profit development company, submitted proposals seeking approval and support from the City of Boston, the Boston Redevelopment Authority, the Massachusetts Housing Finance Agency, the U.S. Department of Housing and Urban Development, and the Massachusetts Department of Housing and Community Development to purchase Mass Pike Towers. Trinity proposed to purchase Mass Pike Towers for a below-market price of $ 6.1 million. The appraised value of the property was $ 7.8 million. Trinity proposed to purchase Mass Pike Towers without contributing any cash itself. Trinity also proposed to receive a developer’s fee of $ 3.4 million. Public resources were […]
Everest National Insurance Company v. Berkeley Place Restaurant Limited Partnership (Lawyers Weekly No. 12-155-16)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 2011-1470 EVEREST NATIONAL INSURANCE COMPANY vs. BERKELEY PLACE RESTAURANT LIMITED PARTNERSHIP ORDER ON POST-VERDICT ISSUES AND FOR JUDGMENT This action was commenced by Everest National Insurance Company as subrogee of three persons: Timothy J. Barletta (“Timothy”), Barletta Engineering Corporation (“Barletta Corp.”) and Osprey Equipment Corporation (“Osprey”). The action is one for contribution under G.L. c. 231B, § 1(d ). Everest, as insurer for all three persons, paid a settlement amount to a state trooper who was seriously injured in a car accident when he was struck from behind by a car driven by Timothy. Everest asserted in this case that defendant, Berkeley Place Restaurant Limited Partnership, d/b/a Grill 23 (“Grill 23″), is jointly liable to the state trooper as a result of negligently serving Timothy alcohol in the hours before the accident. Following a jury verdict in favor of Everest that determined that Grill 23 is liable as a joint tortfeasor and that the settlement reached by Everest with the state trooper and his wife was reasonable, the parties address two issues: (1) how many tortfeasors bear responsibility for a pro rata share of the settlement, and (2) what amount is Everest entitled to receive as contribution from Grill 23? Both questions involve application of the contribution statute. For the first question, the court must determine whether “if equity requires, the collective liability of some as a group shall constitute a single share.” G.L. 1 c. 231B, § 2(b). The second question is whether, under G.L. c. 231B, §1, Everest may obtain contribution for more than a pro rata share of what it paid in settlement? FACTS On Saturday night, September 27, 2008, Timothy attended a private birthday party at the Grill 23 restaurant in Boston. The person being celebrated was Timothy’s sister-in-law, Laura Barletta, and the person throwing the party was her husband, Timothy’s brother, Vincent Barletta. Approximately 40 people attended the party and the guests were, generally, friends and family of Laura Barletta. The party was held in a function room, separate from the rest of the restaurant. There was evidence before the jury sufficient to show that at the party Timothy was served alcohol after it had been recognized by the Grill 23 manager on duty that Timothy was visibly intoxicated. Timothy left the party with his girlfriend, got into a motor vehicle, and drove west on the Mass Pike. Several minutes later, Timothy, while operating under the influence of alcohol, smashed into the rear of a state police vehicle parked on the edge of the Pike to assist a stopped car. State Trooper Christopher Martin was inside the state police vehicle. As a result of the […]
MBTA Will Have Limited Subway and Bus Service Sunday
Looking to take Silver Line service out of the South End on Sunday? Well, you may want to keep shoveling out that car (or call a cab). As crews continue to dig out from the blizzard, MBTA service will remain suspended Sunday. Starting at 2 p.m., limited subway and bus service will run on the Red, Orange and Blue lines between Orient Heights and Government Center, and the Green Line between Kenmore and Lechmere, according to MBTA.com/weather. Limited bus service will also operate on the 1, 23, 28, 39, and Silver Line Washington Street only. Customers are encouraged to stay home and “use service sparingly,” if possible, the website said. Commuter rail routes will remain suspended through Sunday. The MBTA weather update says regularly scheduled MBTA service will resume Monday morning. “Customers should expect significant delays and plan extra time for their Monday morning commute as MBTA service recovers from the impacts of the storm. Due to significant snow accumulations, customers are encouraged to use caution at station platforms and bus stops,” the site says. South End Patch