Posts tagged "Park"

G4S Technology LLC v. Massachusetts Technology Park Corporation (Lawyers Weekly No. 12-007-17)

COMMONWEALTH OF MASSACHUSETTS   SUFFOLK, ss                                                                                               SUPERIOR COURT CIVIL ACTION 2014-02998-BLS2     G4S TECHNOLOGY LLC, Plaintiff,   vs.   MASSACHUSETTS TECHNOLOGY PARK CORPORATION, Defendant.   MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT             This is a contract-based dispute arising from a state and federally-funded project to design and construct a fiber optic network in western Massachusetts.  Plaintiff G4S Technology LLC (G4S), the design-builder on the project, instituted the lawsuit claiming that  the defendant Massachusetts Technology Park Corporation (MTPC) wrongfully denied a $ 10.1 Million “Request for Adjustment” claim and  improperly withheld an additional $ 4.1 Million based on unfounded claims of late delivery and poor quality of work.  MTPC counterclaimed, alleging   fraud and violation of Chapter 93A.[1]  In an earlier decision, this Court allowed MTPC’s motion for summary judgment as to G4S’s claims, relying on appellate case law which held that an intentional breach by one of the parties to a contract prevented it from recovering on its own contract-based claims so long as that breach was not de minimis.  See Memorandum of Decision and Order dated March 29, 2016 (the March 2016 Decision). Now before the Court are two motions.   The first is G4S’s Motion for Partial Summary Judgment on so much of MTPC’s counterclaim that asserts a 93A violation. [2]  Among other arguments, G4S contends that MTPC is not engaged in “trade or commerce” and thus may not proceed under G.L.c. 93A §11. The second motion is brought by MTPC and seeks judgment in its favor on  both the Chapter 93A claim and the common law claim of fraud.   In opposing that motion, G4S argues that it is entitled to judgment its favor because MTPC cannot demonstrate that it has suffered any damages, particularly in light of the fact that it has already been successful in obtaining this Court’s ruling that G4S cannot assert its own claims.   This Court  concludes that G4S’ Motion must be Allowed, MTPC’s motion must be Denied and that both the 93A and the fraud counts must be dismissed. BACKGROUND MTPC is a state development agency established and organized under Chapter 40J.   As stated in the enabling legislation, its purpose is to “foster the expansion of industrial and commercial activity and employment opportunities in the commonwealth.”  G.L.c. 40J §1A.  One of MTPC’s divisions, Massachusetts Broadband Institute (MBI), is charged with expanding the broadband infrastructure in Massachusetts.  G.L.c. 40J §6B(b).       In 2010, consistent with these purposes, MTPC received $ 45.4 million in federal funding together with additional money from the state to build MassBroadband 123 (the Project).  The federal funds were stimulus money allocated through the American Recovery and Reinvestment Act of 2009. The Project involved the creation of […]

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Posted by Massachusetts Legal Resources - February 2, 2017 at 3:56 am

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Franklin Office Park Realty Corp. v. Commissioner of the Department of Environmental Protection (Lawyers Weekly No. 10-172-13)

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‑11334   FRANKLIN OFFICE PARK REALTY CORP.  vs.  COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.     Worcester.     May 9, 2013.  ‑  September 16, 2013. Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.       Department of Environmental Protection.  Administrative Law, Agency’s interpretation of statute, Regulations, Judicial review.  Practice, Civil, Review of administrative action.  Environment, Air pollution.  Asbestos.  Statute, Construction.  Regulation.  Words, “Wilful.”       Civil action commenced in the Superior Court Department on March 22, 2011.   The case was heard by John S. McCann, J., on a motion for judgment on the pleadings.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     Louis M. Dundin, Assistant Attorney General, for the defendant. Paul E. White for the plaintiff.       DUFFLY, J.  The plaintiff, Franklin Office Park Realty Corp. (Franklin), challenges the assessment of a penalty in the amount of $ 18,225, imposed by the Department of Environmental Protection (DEP) for improper handling and disposal of roof shingles that contained asbestos.  Franklin argues that, pursuant to G. L. c. 21A, § 16 (administrative penalties act), it was entitled to a notice of noncompliance and the opportunity to cure any violations before a penalty was imposed.  The commissioner of the DEP (commissioner) accepted the recommendation of a hearing officer that he affirm the penalty on the ground that Franklin’s failure to comply fell within one of six exceptions to the notice requirement because it was “willful and not the result of error” (wilfulness exception), see G. L. c. 21A, § 16, which he interpreted as requiring only a showing of “the intent to do an act that violates the law if done.”  Franklin sought judicial review pursuant to G. L. c. 30A, § 14; a judge of the Superior Court determined some of the facts found by the hearing officer to be unsupported by substantial evidence, and that the DEP’s interpretation of G. L. c. 21A, § 16, was unreasonable and thus not entitled to deference.  DEP appealed, and we transferred the case to this court on our own motion. We conclude that the language “willful and not the result of error” in G. L. c. 21A, § 16, when considered in the context of the statutory scheme and the Legislature’s intent, clearly requires a showing that the party who has not complied with the law knew or should […]

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Posted by Massachusetts Legal Resources - September 17, 2013 at 1:50 pm

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How One Family Spent Under $100 on a Theme Park Trip

What happens when a family of four tries to manage expenses at a theme park? South End Patch News

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Posted by Massachusetts Legal Resources - August 16, 2013 at 9:54 pm

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South End Answers: Is Ellis Memorial Park Open to the Public?

Do you have a question about something happening in the South End? Ask it! South End Patch News

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Posted by Massachusetts Legal Resources - August 9, 2013 at 5:55 pm

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Roof Deck Fire on Greenwich Park

The Boston Fire Department put out a small fire on the roof deck of a South End brownstone on Tuesday morning. South End Patch News

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Posted by Massachusetts Legal Resources - August 7, 2013 at 5:34 am

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Franklin Park, Children’s Museum, Arboretum Free on Friday

Find out what's worth knowing in the South End today, Friday, August 2, 2013. South End Patch News

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Posted by Massachusetts Legal Resources - August 2, 2013 at 9:24 am

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Franklin and Blackstone Park Get Restored Fountains

Check out the restored fountains just installed in both Franklin and Blackstone Park Monday, July 29. South End Patch News

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Posted by Massachusetts Legal Resources - July 29, 2013 at 5:56 pm

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What Sold in the South End: Union Park Condo for $595K

By Grant Mukai Realtors: Share your real estate success stories with South End Patch! Send photos and sale information to southend@patch.com. Below and featured in the image gallery above are five home sales that South End Patch News

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Posted by Massachusetts Legal Resources - July 17, 2013 at 7:13 am

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Menino Back Sleeping at Hyde Park Home

By: David Ertischek Boston Mayor Thomas Menino is back to sleeping at his Readville home after recuperating for several months at the Parkman House on Beac South End Patch News

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Posted by Massachusetts Legal Resources - July 12, 2013 at 5:04 pm

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Things to Know in the South End, June 4: Childe Hassam Park Groundbreaking

1. Weather: The National Weather Service is predicting a sunny day, with a high near 75 degrees.  2. Groundbreaking at Childe Hassam Park: Local officials broke ground on more than $ 360,000 in improvements to Childe Hassam Park (325 Columbus Ave.) on Saturday. The project’s $ 370K construction budget is funded by Mayor Thomas M. Menino’s Capital Improvement Program, The Friends of Childe Hassam, and a grant through the Edward Ingersoll Browne Fund. Childe Hassam Park has been closed to the public in recent years due to deteriorated conditions. The park renovation will include brick paving, granite curbs, seating, landscaping, irrigation, drainage, artwork, and an ornamental fence. 3. South End Garden Tour: The South End Garden Society has announced it will host its annual South End Garden Tour on Saturday, June 15, 2013. This year’s rain-or-shine, self-guided tour will kick off at the South End Branch of the Boston Public Library at 685 Tremont Street from 10 a.m. to 4:00 p.m. See here for more information.  4. Book Launch at BCA: Poet, speaker, and teacher Bill Thibodeau will celebrate the launch of his second book, “The Watchman,” on tonight at 7:30 p.m. at the second floor of the Calderwood Pavillion at the Boston Center for the Arts (539 Tremont St.) Thibodeau will give a reading and sign copies of his book during a reception. Boston area musicians Steve Rapson, Tom Smith, and Ruthann Baler, and New York musician Fran Reagan will perform during the evening. Admission is free, and the public is invited. See here for more information.  5. Swiss Art Show: Northeastern hosts The Swiss Style Reboot exhibition, beginning this week in collaboration with swissnex Boston and the Department of Art+Design at Northeastern University. The show presents the graphic design principles developed by the pioneers of Swiss Style, which is characterized by clear, functional and highly crafted visual communication. It explores their particular relevance for today’s infographics, data visualizations and interactive interfaces. See here for more information.  Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement.  Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter.  Share your thoughts on your community in a blog. Click here to get started. South End Patch

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Posted by Massachusetts Legal Resources - June 4, 2013 at 11:52 am

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