King v. Shank, et al (and a companion case) (Lawyers Weekly No. 11-026-18)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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; SJCReporter@sjc.state.ma.us 17-P-809 Appeals Court 17-P-1096 CINDY KING vs. JOSEPH Z. SHANK & others[1] (and a companion case[2]). Nos. 17-P-809 & 17-P-1096. Suffolk. November 1, 2017. – March 2, 2018. Present: Milkey, Blake, & Singh, JJ. Municipal Corporations, Removal of public officer, Selectmen. Elections, Recall. Practice, Civil, Preliminary injunction. Appeals Court, Appeal from order of single justice. Injunction. Civil action commenced in the Superior Court Department on March 24, 2017. A motion for a preliminary injunction was heard by John T. Lu, J. A proceeding for interlocutory review was heard in the Appeals Court by Green, J. Civil action commenced in the Superior Court Department on June 9, 2017. A motion for a preliminary injunction was heard by Gary V. Inge, J. Ira H. Zaleznik (Benjamin W. O’Grady also present) for the defendants. John M. Dombrowski for Cindy King. SINGH, J. In February, 2017, the defendants, ten residents of the town of Townsend (town), petitioned to remove Cindy King and Gordon Clark from their positions as members of the town board of selectmen (board) by way of recall petitions. The town board of registrars found the petitions to be in order, and the board scheduled a recall election for June, 2017. King filed a complaint in Superior Court seeking a declaratory judgment that the recall petition was invalid and a preliminary injunction enjoining the recall election. After a judge of the Superior Court denied the motion for a preliminary injunction, King filed a petition for interlocutory relief pursuant to G. L. c. 231, § 118, first par. A single justice of this court issued the preliminary injunction enjoining the recall election as to King. Clark then filed a parallel action in the Superior Court, citing the single justice’s order in the King litigation. A different Superior Court judge allowed Clark’s motion and issued a preliminary injunction enjoining the recall election as to Clark. The defendants appeal the preliminary injunctions issued by the single justice in King’s case and the Superior Court judge in Clark’s case. Both appeals are brought pursuant to G. L. c. 231, § 118, second par. The town’s recall election remains stayed pending this appeal. We reverse. Standard of review. “We review the grant or denial of a preliminary injunction for abuse of discretion.” Eaton v. Federal […]