Nelson v. Conservation Commission of Wayland (Lawyers Weekly No. 11-113-16)
Town conservation commission's finding of wetlands on property affirmed despite owner's objections about water frequency and soil characteristics.
Appeals Court Opinions
OneBeacon America Insurance Company v. Narragansett Electric Company v. American Home Assurance Company, et al. (Lawyers Weekly No. 11-112-16)
Choice of law for insurance contracts covering environmental contamination: Massachusetts law applies despite Rhode Island location and operations.
Commonwealth v. Gonzalez (Lawyers Weekly No. 11-111-16)
Affirmed denial of motion to suppress where judge considered suppressed evidence from unrelated case to establish confidential informant's reliability track record.
Zoning Board of Appeals of Hanover v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-110-16)
Comprehensive permit application lacking full filing fee was incomplete until full payment received, allowing regulatory safe harbor to apply and limit Housing Appeals Committee review authority.
JB Mortgage Co., LLC v. Ring, et al. (Lawyers Weekly No. 11-109-16)
Guaranty cause of action accrues upon borrower's default when guaranty contains unconditional promise to pay without requiring lender to exhaust remedies against borrower or security.
Tusino v. Zoning Board of Appeals of Douglas, et al. (and a companion case) (Lawyers Weekly No. 11-107-16)
Appeals Court lacks jurisdiction over direct zoning appeal from District Court; Appellate Division has primary jurisdiction after statutory changes extended equity jurisdiction to district courts.
311 West Broadway LLC v. Zoning Board of Appeal of Boston, et al. (Lawyers Weekly No. 11-106-16)
Appeals Court reverses dismissal of zoning appeal after judicial remand. Court retains jurisdiction over timely-filed appeal even when board issues new decision; amendment to complaint need not comply with twenty-day filing deadline.
Commonwealth v. Brantley (Lawyers Weekly No. 11-105-16)
Defendant's convictions for cocaine possession and furnishing a false name affirmed; search valid incident to arrest for fleeing officer; trial counsel's tactical concession on lesser charge reasonable.
Commonwealth v. Daly (Lawyers Weekly No. 11-104-16)
Animal cruelty conviction affirmed where defendant threw girlfriend's dog off deck after it bit his daughter. Statute held constitutionally sound.
Commonwealth v. Cruz (Lawyers Weekly No. 11-103-16)
Accredited child care facility for young children qualifies as "preschool" under school zone statute, protecting area 1,000 feet from facility.