Posts tagged "Water"

Buffalo Water 1, LLC v. Fidelity Real Estate Company, LLC (Lawyers Weekly No. 12-103-17)


SUFFOLK, ss.                                                                                   SUPERIOR COURT

                                                                                                             SUCV2017-1584-BLS 2

             BUFFALO WATER 1, LLC









This is an action challenging an independent appraisal of property as provided by an agreement between the parties, two sophisticated entities with experience in owning and leasing real estate.  The plaintiff, Buffalo Water 1, LLC (Buffalo) is the owner of the property, located at 7 Water Street in downtown Boston (the Property).   The defendant Fidelity Real Estate Company LLC (Fidelity) occupied the Property under a long term lease with an option to purchase the Property in the final year of the lease as set forth in an Option Agreement.    The Option Agreement sets the purchase price at 95 percent of the “fair market value” (FMV) or $ 16,275,000, whichever is greater.  If the parties could not agree upon the FMV, the Option Agreement set forth the specific appraisal process that the parties were to follow.   Fidelity timely exercised its option to purchase and, with the parties unable to agree to the FMV,   complied with the appraisal process, which included an independent appraisal. The Verified Complaint attacks the validity of the independent appraisal, contending among other things that the entity that employed the individual appraiser did not disclose a prior business relationship that it had with Fidelity. read more

Posted by Stephen Sandberg - August 3, 2017 at 10:18 pm

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

George, et al. v. National Water Main Cleaning Company, et al. (Lawyers Weekly No. 10-110-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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



Suffolk.     February 14, 2017. – June 26, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Supreme Judicial Court, Certification of questions of law.  Massachusetts Wage Act.  Labor, Wages, Failure to pay wages, Damages.  Damages, Interest.  Interest.  Judgment, Interest.  Practice, Civil, Interest, Judgment, Damages.

Certification of a question of law to the Supreme Judicial Court by the United States District Court for the District of Massachusetts. read more

Posted by Stephen Sandberg - June 26, 2017 at 2:48 pm

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

Boston Hearing to Add Public Water Taps on Thursday

This water fountain at Jamaica Pond is one of the most well-known public water spots. Where else could they go in Boston?

How many times have you been around Boston and wanted a simple drink of water, but there wasn’t a water fountain in sight? Boston District 6 City Councilor Matt O’Malley would like to increase tap water access in public places including parks and open spaces.

On Thursday, O’Malley will lead a city, neighborhood services and veterans affairs committee hearing about best practices, safety and new technologies of the delivery of tap water. The hearing is at City Hall at 11 a.m. on the 5th floor, and open to the public.

“I think this is a no brainer for the city,” said O’Malley, who first called for a hearing last year on the idea.

O’Malley said he’d like to have more bubblers, water fountains, water filling stations across the city to reduce the number of single use plastic bottles.

Organizations such as the MWRA, DCR and Boston Water Sewer and Commission have been asked to testify at the hearing. So have running clubs such as the Parkway Running Club and the Forest Hills Runners. Health-conscious organizations such as the Boston Public Health Commission and Department of Public Health have also been invited to speak. O’Malley has also invited vendors such as Tapit to speak at the hearing.   read more

Posted by Stephen Sandberg - February 6, 2013 at 1:41 pm

Categories: Arrests   Tags: , , , , ,