City of Beverly v. Bass River Golf Management, Inc., et al. (Lawyers Weekly No. 11-002-18)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 15-P-171 Appeals Court CITY OF BEVERLY vs. BASS RIVER GOLF MANAGEMENT, INC., & another.[1] No. 15-P-171. Essex. November 14, 2016. – January 5, 2018. Present: Sullivan, Maldonado, & Neyman, JJ. Contract, Municipality, Performance and breach. Municipal Corporations, Contracts. Consumer Protection Act, Trade or commerce, Unfair or deceptive act. Bankruptcy, Stay of other proceedings. Practice, Civil, Directed verdict, Amendment, New trial, Instructions to jury. Judgment, Amendment. Civil action commenced in the Superior Court Department on March 11, 2011. The case was tried before Robert A. Cornetta, J., and a motion to alter or amend the judgment, or for a new trial, was heard by him. Denis J. Sullivan for the defendants. Eitan Y. Goldberg, Assistant City Solicitor (Stephanie M. Williams, City Solicitor, also present) for the plaintiff. MALDONADO, J. In this case, we consider the propriety of actions taken by the city of Beverly (city), which owns the Beverly Golf and Tennis Club (Golf Club), and by Bass River Golf Management, Inc. (Bass River), which operated the facility for almost two years pursuant to a management contract with the city. On March 11, 2011, the city commenced an action in the Superior Court against Bass River and 31 Tozer Road, L.L.C. (Tozer), the guarantor of Bass River’s payment obligations to the city, asserting claims for breach of contract against each party and seeking damages. Bass River filed counterclaims against the city (subsequently amended) which alleged violations of G. L. c. 93A, breach of contract, breach of an implied covenant of good faith and fair dealing, breach of warranty, and conversion. Following a trial, the jury, in response to special questions, found that Bass River had breached its management contract with the city, that Tozer had guaranteed Bass River’s payment obligations, and that the city was entitled to damages of $ 631,969.63. The jury also found that the city had violated the covenant of good faith and fair dealing in its contractual relationship with Bass River, and that the city had converted Bass River’s property. The jury awarded Bass River damages of $ 48,967.33. Thereafter, the judge determined that Bass River had not proved that the city violated G. L. c. 93A. Bass River and Tozer filed a motion to amend the findings of facts and rulings of law, to amend the judgment, […]
275 Washington Street Corp. v. Hudson River International, LLC, et al. (Lawyers Weekly No. 10-071-13)
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‑11217 275 WASHINGTON STREET CORP., trustee,[1] vs. HUDSON RIVER INTERNATIONAL, LLC,[2] & another.[3] Suffolk. January 7, 2013. ‑ April 30, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Contract, Lease of real estate, Termination, Damages, Indemnity. Landlord and Tenant, Lease as contract, Rent, Termination of lease. Real Property, Lease. Damages, Breach of contract. Indemnity. Guaranty. Civil action commenced in the Superior Court Department on May 29, 2008. The case was heard by Charles T. Spurlock, J., on motions for summary judgment, and entry of final judgment was ordered by Carol S. Ball, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. David G. Hanrahan (John G. Hofmann with him) for the plaintiff. Bruce E. Falby (Matthew Iverson with him) for the defendants. Adam N. Lewis & Neil R. Janulewicz, Jr., for Arts & Business Council of Greater Boston, Inc., amicus curiae, submitted a brief. Lawrence P. Heffernan, John T. Ronayne, Danielle Andrews Long, & Kendra L. Berardi, for Real Estate Bar Association for Massachusetts & another, amici curiae, submitted a brief. GANTS, J. The primary questions on appeal are threefold. First, after a breach of a commercial lease by the tenant and termination of the lease by the landlord, does an indemnification clause in the lease, in the absence of specific language so providing, allow the landlord to recover before the end of the lease term the present value of lost future rent once the landlord relets the property to another tenant for the duration of the lease? Second, in the absence of a clause in the lease specifically so providing, does our common law allow a landlord to recover contract damages for the present value of lost future rent after the termination of the lease? Third, does the liability of the guarantor here exceed the liability of the tenant? We answer, “No,” to each question. We hold that a landlord cannot recover for posttermination damages under an indemnification clause in a lease until the end of the period specified in the lease, when the amount of indemnification is certain, unless the indemnification clause specifically provides that damages may be recovered earlier. We also hold that a landlord has no common-law […]
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Muddy River Project: Expect Loud Bangs Starting Apri 30
As if Boston residents haven’t been through enough recently, be ready to hear loud bangs three times a day starting April 30, all due to the Muddy River Restoration Project. Work on the $ 93 million Muddy River Restoration Project, an environmental, preservation and flood control project to address serious flooding and environmental issues along the Muddy River, started in February. The Boston Parks and Recreation Department posted basic details on its Facebook page about “residents may hear a loud bang similar to a gunshot” three times a day, starting April 30 through May 10. “The bang lasts for a second and is in connection load testing for the $ 30.9 million Muddy River Flood Risk Management and Environmental Restoration project,” posted Boston Parks and Rec. For more on the Muddy River project construction click here. South End Patch
South End Man’s Remains Found in Charles River
State Police detectives identified the remains of a man found in the Charles River on Thursday as a 32-year-old South End man who went over the rail of the Harvard Bridge along Massachusetts Avenue on New Year’s Day. Police were alerted at 3:30 a.m. on Jan. 1st that a man had jumped off the bridge along Mass. Ave, but were unable to save the man or find his body despite hours of searching. “The investigation during the intervening months into that man’s death has not developed any indication of foul play,” said District Attorney spokesperson Jake Wark in a statement released Friday morning. “Because the case is not believed to be criminal in nature, his name is not being released.” SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch