Schmidt v. McCulloch-Schmidt (Lawyers Weekly No. 11-078-14)
Father not entitled to credit for SSDI dependency benefits paid to custodial mother where those benefits already reduced his child support obligation.
Appeals Court Opinions
Samuelson, et al. v. Planning Board of Orleans, et al. (Lawyers Weekly No. 11-079-14)
Conditions imposed in 1975 subdivision approval requiring road and water improvements remain enforceable thirty years later and were not properly waived when board approved further subdivision.
Rodriguez v. City of Somerville (Lawyers Weekly No. 11-077-14)
Presentment under the Massachusetts Tort Claims Act is a condition precedent to suit, not immunity from suit, and thus denials of motions to dismiss based on inadequate presentment are not immediately appealable.
Commonwealth v. Higgins (Lawyers Weekly No. 11-073-14)
Conviction for carrying a dangerous weapon reversed where evidence failed to prove the folding knife possessed statutory prohibited features.
Hassey v. Hassey (Lawyers Weekly No. 11-074-14)
Massachusetts Appeals Court vacated portions of a divorce judgment applying the 2011 Alimony Reform Act. Self-modifying alimony formula lacked required findings of need. Vacation property interest wrongly excluded from marital estate.
Deadrick, et al. v. Zoning Board of Appeals of Chatham, et al. (Lawyers Weekly No. 11-075-14)
When reconstruction of a pre-existing nonconforming residential structure would create new dimensional violations, a variance is required, not just a special permit with a no-substantial-detriment finding.
GPH Cohasset, LLC, et al. v. Trustees of Reservations, et al. (Lawyers Weekly No. 11-076-14)
Appeals court affirms planning board approval of wind turbine on conservation land, finding adequate conditions addressing noise, shadow flicker, and safety concerns despite neighboring nursing home's objections.
The Bank of New York Mellon Corp. v. Wain, et al. (Lawyers Weekly No. 11-072-14)
Bank affirmed in quiet title action after foreclosure. Mortgagor cannot challenge valid assignment or prove notice-to-cure violation caused unfairness.
Commonwealth v. Bigley (Lawyers Weekly No. 11-071-14)
Intoxicated defendant's Miranda waiver valid despite emotional distress where police gave proper warnings, defendant understood rights, provided coherent statements, and made rational choices.
Commonwealth v. White (Lawyers Weekly No. 11-070-14)
Courtroom closure during general jury questioning violated defendant's Sixth Amendment right to public trial despite brief duration; not de minimis.