Posts tagged "Mass."

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 […]


Posted by Massachusetts Legal Resources - November 2, 2017 at 5:09 pm

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Spinazola v. Mass. Environmental Associates, Inc., et al. (Lawyers Weekly No. 12-078-17)

1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 0684CV00949BLS1 ROSEMARY SPINAZOLA, as Executrix of the Estate of Clarence Spinazola and as Co-Trustee of the Clarence Spinazola 1994 Revocable Trust vs. MASS. ENVIRONMENTAL ASSOCIATES, INC. and PATRICK J. HANNON MEMORANDUM OF DECISION AND ORDER ON MOTION TO SUBSTITUTE ASSIGNEE, KING ROOT CAPITAL, LLC, AS PLAINTIFF AND REQUEST FOR EXECUTION This case was filed on March 6, 2006. On March 8, 2007, a Final Judgment by Default Upon Assessment of Damages by the Court entered in favor of the plaintiff, Rosemary Spinazola, as Executrix of the Estate of Clarence Spinazola and as Co-Trustee of the Clarence Spinazola 1994 Revocable Trust (the Judgment)1, in the amount of $ 982,316, with interest from the date of filing. On August 20, 2007, the defendants filed a “Motion to Vacate Judgment by Default for Failure to Produce Discovery and for Failure to Comply with Court Orders.” On September 18, 2007, that motion was denied. Then, nearly ten years later, the motion now before the court was filed. It is styled: “Motion to Substitute Assignee, King Root Capital, LLC, as Plaintiff and Request for Execution” (the Motion). In that motion, King Root Capital, LLC (King Root) alleges that: (1) Spinazola assigned her interest in the Judgment to ABCD Holdings, LLC (ABCD Holdings or, simply, ABCD); (2) ABCD, thereafter, assigned its interest to King Root; (3) after accounting for payments by the defendants and the further accrual of post- 1 It is not clear to the court whether the judgment is in favor of Rosemary Spinazola, individually, or the Estate or a Trust. The court will simply use the term “plaintiff.” 2 judgment interest, as of October 18, 2016 the Judgment balance is $ 2,055,540.59, with interest accruing from that date; and (4) the court should “substitute it as the plaintiff in this case and issue an execution in its name [in that amount].” The defendants appeared by counsel and opposed the motion. The principal grounds for their opposition was that the sole member of ABCD is attorney George A. McLaughlin, III, whose brother is the sole member of King Root. McLaughlin represented defendant Hannon for a number of years, and, in particular, in connection with the negotiation and execution of a Settlement Agreement between the plaintiff and Hannon pursuant to which the Judgment would be satisfied in full by payment to plaintiff of $ 400,000 according to a payment schedule (the Agreement).2 The defendants also alleged that McLaughlin diverted funds available to pay the balance of the $ 400,000 due under the Settlement Agreement to other entities.3 Based on these allegations, the defendants assert that the assignments “are void against public policy, fatally infected […]


Posted by Massachusetts Legal Resources - June 30, 2017 at 10:33 pm

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Now You Can Get Anywhere in Mass. With Google Maps

With the state's public transit system available through Google Maps, you won't have to check multiple websites for train and bus schedules. South End Patch News


Posted by Massachusetts Legal Resources - July 31, 2013 at 3:11 pm

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Roof Deck Fire at Mass. Ave. Causes $200,000 in Damage

The Boston Fire Department responded to a visible two-alarm deck fire on a roof deck on Tuesday evening at 492 Mass. Ave.  Two alarms were ordered by the District 4 Chief. No injuries were re South End Patch News


Posted by Massachusetts Legal Resources - July 3, 2013 at 3:47 am

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Section of Mass Pike to Close Overnight

A section of the Mass Pike will be closed overnight as crews continue to fix a lighting and ventilation issue caused by a Sunday power outage. The Prudential Tunnel will be closed to vehicular traffic between 1 and 5 a.m. at the latest Monday, according to a Massachusetts State Police alert Sunday evening. The alert continues: MassDOT urges motorists to allow extra time to reach their destination during this time frame. The closure is being implemented as a public safety precaution. NStar will be performing electrical work that may impact the tunnel’s lighting and ventilation systems. Motorists traveling East on the Pike will be detoured to Storrow Drive East via Exit 18/Allston-Brighton. Truckers must find an alternate route. Pike West travelers will follow I-93 Southbound to Mass Ave. I-93 Northbound and Southbound travelers destined for the Pike West will be detoured to Mass Ave.   For transportation news and updates visit MassDOT at our, blog:, or follow MassDOT on twitter and South End Patch


Posted by Massachusetts Legal Resources - June 10, 2013 at 12:43 am

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Week in Review: Fire at Mass Ave Apartment, South End Chefs

The following are the top articles on South End Patch from May 13 to May 17, 2013:  South Enders Celebrate Marriage Equality Anniversary at Public Garden Friday marks the 9th anniversary of the law that allowed gay and lesbian couples to marry in Massachusetts. Three Displaced by Morning Fire on Mass Ave A small fire caused an estimated $ 100,000 of damage throughout a three-apartment building on Mass. Ave, according to the Boston Fire Department. 11 South End Chefs to Cook at Fenway’s ‘Boston Bites Back’ See which South End chefs are volunteering to raise $ 1 million for The One Fund. Special Homecoming for Marathon Bombing Survivor Roseann Sdoia was released from Spaulding Rehabilitation Hospital on Tuesday after undergoing treatment for injuries sustained during the April 15 explosions, including the loss of her right leg. Two Candidates in Race for South End’s City Council District See who is running for city council in the South End’s District 2 race. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - May 19, 2013 at 9:50 am

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Three Displaced by Morning Fire on Mass Ave

Three South End residents are displaced after a small fire broke out in a 2nd floor apartment on Massachusetts Ave. in the South End on Wednesday morning, according to the Boston Fire Department. The fire started around 9:40 a.m. inside a unit at 528 Massachusetts Ave. Spokesperson Stephen McDonald said no one was home at the time, and no one was injured. Damage to the apartment was estimated at $ 100,000 due to the fire, smoke, and extensive water damage on the 2nd floor where the fire started, down to the first floor and basement.  The American Red Cross said this afternoon they assisted three people from two units that were displaced by the fire.  “Volunteers provided them emergency temporary shelter, a hotel stay, and funds for food and clothing,” said spokesperson Ashley Studley in a statement.  The cause of the fire is still under investigation, said McDonald.  SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - May 15, 2013 at 9:11 pm

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Mass. Tax Plans: Too Much, Too Soon? Or Too Little, Too Slow?

Massachusetts legislators this week answered Gov. Deval Patrick’s ambitious plan to raise $ 1.9 billion for transportation and education with a $ 500 million plan of their own, which says the governor is asking for too much, too soon as the Bay State shakes off the effects of the Great Recession. Who’s right? Should the state forge ahead in a bold plan to invest now? Or should it cautiously address the bottom line before embarking on bigger initiatives?  While Patrick’s plan includes funding for both the state transportation system and increased education funding from preschool through college, House and Senate lawmakers eschew new revenue for education, focusing solely on closing the transportation budget gap over the next five years. The legislative leadership’s plan includes: 3-cent gas tax increase, indexed for inflation, $ 1 per pack increase on cigarettes along with excise tax increases on cigars and smokeless tobacco, new sales tax for businesses for software purchases, eliminating the “utility” tax classification, changing of the sourcing of the state’s sales factor system, which would require out of state companies that sell products in state to pay more in taxes. In contrast, the governor’s plan includes: Increasing the income tax from 5.25 percent to 6.25 percent, while doubling personal exemptions, Lowering the sales tax from 6.25 percent to 4.5 percent, Eliminating 44 tax credits, deductions and exemptions, such as reinstating the capital gains tax on the sale of a primary residence, Indexing the gas tax to inflation, Eliminating the sales tax exemption for soda and candy,  $ 1 per pack increase on cigarettes, like the legislative plan. Patrick said Thursday he would veto the Legislature’s leaders bill in its current form, according to The Republican, because it doesn’t provide enough money for bigger transportation projects and he’s skeptical it provides enough funding to cities and towns for road and bridge projects.  At a press conference on Tuesday, Senate President Therese Murray said the governor “put out a 10-year vision. We’re just saying maybe 10 years is too ambitious right away … I think it’s good that there is attention on the fact that there are infrastructure needs. Nobody wants to go over a bridge that’s going to fall down. We want to invest on our infrastructure we just have a different plan on how to do that.” The legislative leadership’s plan is closer to a report by conservative think tank Pioneer Institute, which proposes a 3-cent gas tax increase, MBTA fare hikes, halting major expansion projects until backlogs are taken care of, and reforms such as basing funding increments on the Massachusetts Department of Transportation’s performance, the Boston Herald reports. Supporters […]


Posted by Massachusetts Legal Resources - April 6, 2013 at 12:49 pm

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Mass. To Install High Speed, Cashless Toll System

Want less waiting in line and sifting for loose change on the Mass Pike? According to state transportation officials, you’ll soon get your wish. The Massachusetts Department of Transportation will install electronic tolling system that replaces the current E-ZPass and toll-taker set up with overhead censors that read E-ZPasses on cars traveling at high speeds and would generate a monthly bills to drivers who do not have an E-ZPass, according to WBUR. The system would cost $ 100 million to build, but if the toll takers are eliminated, the system will pay for itself in about two to three years, the story says. The new system could put about 400 toll collectors out of work, but some could be retained and placed in other state position, according to the story. WBUR reports the Tobin Bridge tolls will be replaced by 2014 and the Mass Pike tolls will be gone before 2016. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - April 1, 2013 at 1:37 pm

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WATCH: Drew Bledsoe Complains about Wine Law at Mass. State House

Massachusetts is one of 11 states that doesn’t allow out-of-state vineyards to directly ship wine to their customers, and former New England Patriots quarterback Drew Bledsoe is urging Beacon Hill legislators to pass a bill that would change that law. “Very simply put, this bill is fair, and it’s right. It’s fair to the consumers to be able to purchase wine directly from the wineries, it’s fair to the small businesses like ours who want to sell directly to the customers, it’s right for the state – it actually increases revenue to the state – and in the states that this has happened, it’s also benefitted the package stores and the distributors,” Bledsoe said during a press conference on the State House steps Thursday afternoon.  The bill, called an Act Regulating the Direct Shipment of Wine, was put forth by Rep. Theodore Speliotis (D-Danvers) on Jan. 22. Right now it’s in the Consumer Protection and Professional Licensure Committee and no vote is scheduled, according to Jeremy Benson of Free the Grapes. Massachusetts is the seventh-largest wine-consuming state in the union, Bledsoe said. If Massachusetts changes its law, he said he believes the remaining 10 will follow suit.  Only 1 percent of wine that’s sold in the U.S. is sold direct, and Bledsoe said it is more profitable to do so. “That’s a motivation for this, and we don’t make any bones about it. It also benefits not only our business, but a lot of mom and pop wineries across the country.” Bledsoe’s wine, called Doubleback and based in Walla Walla, Wash., is sold in Massachusetts, through distributors, and in 14 other states. His friend and protege, Tom Brady, tried to buy it but Bledsoe had to tell him he couldn’t ship a case to him. Instead, Bledsoe sent it to Brady’s dad in California. “I think his dad drank it all,” he said. Although Bledsoe made an appearance on Beacon Hill Thursday, don’t expect many public appearances from him anytime soon. When asked if he was thinking about a run for public office, Bledsoe said, “Never say never, but I’m not looking to jump back into public life again. I enjoy working in my winery, and raising my family and living a pretty quiet life out there in Oregon.”  SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - March 21, 2013 at 9:09 pm

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