Posts tagged "Tours"

Boston Segway Tours, Inc., et al. v. Danley, et al. (Lawyers Weekly No. 09-066-17)

COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss.                                                                             SUPERIOR COURT

                                                                                                            CIV. NO. 15-1498 BLS 2

 

 

BOSTON SEGWAY TOURS, INC. and IAN MEYER,

Plaintiffs,

 

vs.

 

                        ALLAN DANLEY and EASTERA PHOU

Defendants

 

MEMORANDUM OF DECISION AND ORDER

ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT

 

This case began as a dispute over ownership interests in a company, Boston Segway Tours, Inc. (BST) that offers Boston tours by the use of Segways.  Plaintiff Ian Meyer claimed that he was the full owner, whereas the defendant Allan Danley claimed that he was the owner.  Beyond the question of ownership, each party asserted multiple common law counts against the other, as well as violations of Chapter 93A. Following a jury -waived trial on the limited question of ownership, this Court issued a written opinion determining that Meyer was the full owner.  See Findings of Fact and Rulings of Law dated January 12, 2016 (the January 2016 Decision).  Shortly thereafter, Danley filed for bankruptcy and a Trustee was appointed by the Bankruptcy Court.  The Trustee, on behalf of Danley, filed an Amended Counterclaim in this action.  The case is now before the Court on Cross Motions for Partial Summary Judgment as to the Amended Counterclaim. read more

Posted by Stephen Sandberg - January 11, 2018 at 4:24 am

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Nautical Tours, Inc. v. Department of Public Utilities (Lawyers Weekly No. 10-147-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11455

NAUTICAL TOURS, INC.  vs.  DEPARTMENT OF PUBLIC UTILITIES.

August 20, 2014.

Department of Public Utilities.  License.  Public Utilities, Sight-seeing vehicle.  Carrier, Sight-seeing vehicle.  Motor Vehicle, Sight-seeing vehicle.

Nautical Tours, Inc. (Nautical Tours), appeals from a judgment of a single justice of this court affirming a decision of the Department of Public Utilities (department) that it did not have jurisdiction to issue the type of license needed by Nautical Tours to operate its business in the city of Boston.  Nautical Tours seeks to operate amphibious motor vehicles for sightseeing and charter purposes on the streets of Cambridge and Boston and the waters of the Charles River and Boston Harbor.  The parties disagree about the appropriate license needed to operate in Boston.  Nautical Tours contends that it must obtain a municipal street license pursuant to G. L. c. 159A, § 1.  The department ruled that Nautical Tours was required to obtain a sightseeing license, which the Boston police commissioner has the exclusive authority to issue, pursuant to St. 1931, c. 399.  We agree with the department that the Legislature established two different licensing schemes.  Although a municipal street license is needed to carry passengers for hire on the public ways of cities and towns in the Commonwealth under G. L. c. 159A, § 1, a sightseeing automobile operating in the city of Boston must obtain a separate sightseeing license under St. 1931, c. 399.  Because we further agree with the department that it did not have jurisdiction to issue Nautical Tours a municipal street license to operate its amphibious motor vehicles in Boston, we affirm. read more

Posted by Stephen Sandberg - August 20, 2014 at 3:11 pm

Categories: News   Tags: , , , , , , , ,