Ninety Six, LLC v. Wareham Fire District (Lawyers Weekly No. 11-018-18)
Water betterment assessment statute permits municipalities to consider development potential based on subdivision rules, not zoning requirements alone.
Appeals Court Opinions
Shea v. Cameron (Lawyers Weekly No. 11-016-18)
Heart Balm Act bars tort claims based on fraudulent inducement to marry, even when styled as fraud, misrepresentation, or emotional distress claims.
Commonwealth v. Ramirez (Lawyers Weekly No. 11-017-18)
Stop and frisk justified when executing arrest warrant for violent firearm offense; seizure of companion reasonable for officer safety.
Gifford v. Burke, et al. (Lawyers Weekly No. 11-015-18)
Partition commissioner waived right to appellate fees by failing to request them in appellate brief. Contempt judgment vacated in part; remanded to determine recoverable enforcement costs.
Commonwealth v. Dinardo (Lawyers Weekly No. 11-014-18)
Court upheld admission of district attorney's expert psychologist report in sexually dangerous person civil commitment trial, rejecting argument that Commonwealth must rely solely on court-appointed qualified examiners.
Commonwealth v. Carlson (Lawyers Weekly No. 11-013-18)
Appeals Court reverses larceny conviction; single-photograph identification procedure was unconstitutionally suggestive absent good reason to use inherently suggestive method.
Commonwealth v. Ballard (Lawyers Weekly No. 11-011-18)
SDP commitment permitted when petition filed during valid imprisonment, even if guilty pleas later vacated for trial error unrelated to statutory unconstitutionality.
Acushnet Company v. Beam, Inc. (Lawyers Weekly No. 11-012-18)
Stock purchase agreement allocating tax liabilities; whether VAT receivables are "amounts credited against or with respect to Taxes" under preclosing tax provision; ambiguity affirmed; trial judgment upheld.
Brockton Housing Authority v. Mello (Lawyers Weekly No. 11-010-18)
Housing Authority may evict tenant for keeping controlled substances where evidence shows tenant's purposeful use of apartment for drug consumption over time, even if limited to two occasions within a month.
Adoption of Garret (and two companion cases) (Lawyers Weekly No. 11-009-18)
Parental rights terminated for mother and father whose conduct exposed children to severe abuse. Mother's completion of service plan tasks insufficient when she refused to acknowledge her role in abuse and remained committed to abuser.