Airport Fuel Services, Inc. v. Martha’s Vineyard Airport Commission, et al. (Lawyers Weekly No. 12-051-17)
Airport commission's award of lease to higher bidder was not arbitrary or capricious despite ambiguous sample evaluation form in RFP.
Commission
Massasoit Industrial Corporation v. Massachusetts Commission Against Discrimination, et al. (Lawyers Weekly No. 11-031-17)
Employer unlawfully terminated seventy-four-year-old employee based on age and perceived disability following hospitalizations for pneumonia and heart attack, despite notification of absences.
City of Revere, et al. v. Massachusetts Gaming Commission (Lawyers Weekly No. 10-042-17)
Gaming license award challenged by unsuccessful applicant. Certiorari review available despite statutory bar to judicial review. Disappointed applicant has standing; host city and union do not. Open meeting law violations properly survived dismissal.
Taylor, et al. v. Martha’s Vineyard Land Bank Commission (Lawyers Weekly No. 10-162-16)
Easement appurtenant to specific parcels cannot be used to access other parcels, even if no additional burden results. Bright-line rule upheld over flexible fact-based alternative.
Thompson, et al. v. Civil Service Commission, et al. (and a companion case) (Lawyers Weekly No. 11-144-16)
Positive hair test results alone insufficient to establish just cause for police officer termination; Civil Service Commission properly weighed additional evidence; civil service law controls over conflicting collective bargaining agreement language.
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.
Public Employee Retirement Administration Commission v. Bettencourt (Lawyers Weekly No. 10-047-16)
Pension forfeiture upon criminal conviction constitutes a fine subject to Eighth Amendment excessive fines limits. Complete forfeiture of officer's $659,000 pension for misdemeanor computer crimes held unconstitutionally excessive.
Parkview Electronics Trust, LLC v. Conservation Commission of Winchester (Lawyers Weekly No. 11-006-16)
Local conservation commission properly asserted jurisdiction over property under more stringent local wetlands by-law, even though state law basis was later superseded by state agency.
City of Worcester v. Civil Service Commission (Lawyers Weekly No. 11-016-15)
Tenured employee cannot be fired for refusing to testify at pretermination hearing; statute designed to protect employee, not enlarge employer's removal powers.
Mendonca v. Civil Service Commission, et al. (Lawyers Weekly No. 11-162-14)
Disabled veteran's layoff upheld by Civil Service Commission despite preference statute. Court reverses, finding inconsistent reasoning and insufficient evidence that veteran lacked qualifications.