State Road Auto Sales, Inc. v. Massachusetts Division of Banks (Lawyers Weekly No. 09-013-18)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT. 1784CV04041-BLS2 ____________________ STATE ROAD AUTO SALES, INC. v. MASSACHUSETTS DIVISION OF BANKS ____________________ MEMORANDUM AND ORDER DENYING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION State Road Auto Sales, Inc., seeks a preliminary injunction that would bar the Massachusetts Division of Banks from completing an ongoing adjudicatory hearing. The Division brought administrative charges asserting that State Road violated G.L. c. 255B, which governs retail installment sales of motor vehicles, by acting as a “motor vehicle sales finance company” without a license and by entering into illegal motor vehicle installment sales with individual consumers. The Legislature authorized the Commissioner of Banks to implement and enforce c. 255B. State Road is entitled to contest those charges through an evidentiary proceeding before a Division hearing officer. State Road argues that the Division’s administrative charges and adjudicatory proceeding are barred by State Road’s recent settlement of a class action brought on behalf of consumers who entered into motor vehicle leases with State Road that were in effect after October 21, 2013, and were signed before January 1, 2016. More specifically, State Road argues that the order approving the class action settlement deprived the Division of subject matter jurisdiction to decide the pending administrative charges and, in the alternative, that the prior settlement has collateral estoppel or issue preclusive effect that would bar the Division from exercising its jurisdiction over State Road. The Court concludes that State Road is not entitled to preliminary injunctive relief because it has failed to exhaust its administrative remedies and therefore is not likely to succeed on the merits of its claims. Cf. Fordyce v. Town of Hanover, 457 Mass. 248, 266 (2010) (vacating preliminary injunction because plaintiffs were “unlikely to succeed on the merits”). The Division of Banks has already began an enforcement action against State Road, those adjudicatory proceedings are still pending, and the determination of – 2 – whether the Division can prosecute and decide the administrative charges turns on disputed issues of fact and not pure issues of law. Under these circumstances, State Road must exhaust its administrative remedies at the Division before seeking to challenge the Division’s exercise of jurisdiction over State Road in court. See Wilczewski v. Commissioner of the Dept. of Envtl. Quality Eng’g, 404 Mass. 787, 793-794 (1989) (affirming dismissal of challenge to agency’s jurisdiction in pending matter); Gill v. Board of Reg. of Psychologists, 399 Mass. 724, 728 (1987) (ordering dismissal of action); East Chop Tennis Club v. Massachusetts Comm’n Against Discrim., 364 Mass. 444, 451 (1973) (vacating decree entered by Superior Court and ordering dismissal of action); Reliance Ins. Co. v. Commissioner of Ins., 31 Mass. App. Ct. 581, 585 (1991) (affirming dismissal of action). […]
Home Invasion on Fenwood Road
Boston Police responded to the report of a home invasion at 51 Fenwood Rd. in Roxbury, not far from the South End area, on Sunday evening. Shortly before 9:03 p.m., an individual forced their way into the residence, then fled from the scene, a BPD South End Patch News
Clover Food Truck Off Road Due to Salmonela Concerns
If you're looking to get your Clover fix this week, you're going to have to wait. The ownership of the Clover food truck, which stops at Commonwealth Ave at BU twice a week, ann South End Patch News
Road Closures, Details For Collier Service
Massachusetts State Police and Cambridge Police announced several road closures around Cambridge as a result of the Wednesday memorial service for MIT Police Officer Sean Collier on the MIT campus. Vassar Street: Closed beginning at 6 a.m. on Wednesday between Audrey Street and Massachusetts Avenue. Massachusetts Avenue: Closed from Albany Streeet toward Boston beginning at 7 a.m. on Wednesday. Memorial Drive: Closed beginning at 12 a.m. on Wednesday between Massachusetts Avenue and the B.U. Bridge. Massachusetts Avenue Bridge into Cambridge closed beginning at 7 a.m. on Wednesday. “These road closures are going to have a major impact on traffic in the city,” police said in a statement Tuesday. “Police are asking residents to plan ahead, seek alternate routes, and use public transportation whenever possible.” Further information on traffic will be posted on Cambridge Police’s website and updates can found on Twitter by following @CambridgePolice and @MassStatePolice. In addition, Massachusetts State Police tweeted the Wednesday service will not be open to the public. According to police, the service will be for “public safety personnel, MIT family, dignitaries only.” The service starts at 12 p.m. at Briggs Field. Vice President Joe Biden will be in attendance. More details for attendees are available from Cambridge Police here. South End Patch
Lynch, Markey Hit the Road, Republicans Get Started
With only days to go before nomination papers are due in the race for U.S. Senate, last week was a busy one for announced and potential candidates looking to fill the seat left vacant by John Kerry’s appointment to Secretary of State. The Republican field lost one prominent candidate, and another generated a bit of controversy. On the Democratic side, Congressmen Edward Markey (D-Malden) and Stephen Lynch (D-South Boston) have been working through their pre-primary debate schedule and campaigning across the state. Democrats Markey and Lynch hit the roadBoth Democratic candidates hit the road again last week from Pittsfield to Salem, meeting with residents and attending fundraisers. Markey had campaign stops in Taunton, Fall River, Lowell and Pittsfield, to name a few. On Thursday, Lynch spoke to the Boston Firefighters Local 718. He also had campaign stops in several communities, including Lynn, Methuen, Peabody and Salem. Jamaica Plain is a territory within the bounds of Lynch’s seat, the MA 8th. On Wednesday, Lynch and Markey signed a deal to limit outside groups from producing ads during the Democratic Primary. The deal is based on a similar pledge signed by Scott Brown and Elizabeth Warren during the 2012 Senate Race. Also last week, Lynch received the endorsement of the 75,000 member Massachusetts Building Trades Council. Markey was endorsed by Daily Kos. Last week also saw a new poll released in the U.S. Senate race. Conducted by WBUR/MassINC, the poll showed Markey holding a slim 38 percent to 31 percent lead over Lynch in the primary, with 26 percent saying they’re still unsure who they will vote for. The poll also showed that either Democratic candidate would hold a lead over a generic Republican. Bielat drops out of Republican primary raceRepublican Sean Bielat said Wednesday that while he thought he could run a strong campaign, the timing wasn’t right for him to run, according to an Associated Press report. He previously ran for Congress twice – against Barney Frank and Joe Kennedy III, who he lost to in November. Bielat had sought donations to run last weekend and even filed a statement of candidacy with the Federal Election Commission. The field of Republican candidates could be crowded if no one pulls out of a potential run and if everyone who pulled papers gets them in by the deadline. Candidates have until Wednesday, Feb. 27 to gather the 10,000 certified signatures needed to appear on the April 30 primary ballot. The special election is June 25. No papers have been submitted as of Feb. 21 according to the Secretary of State’s Office. Already in the running are State Rep. Dan Winslow (R-Norfolk), former Nantucket selectman and county commissioner Douglas Bennett and former Navy Seal […]