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| Abate v. Naymie, Opinion No.: 97363, Docket Number: 06-5118 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, March 1, 2007, Decided
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Overview: Superior court directed the president of a corporation to permit, facilitate, cooperate with and not obstruct the inspection and copying by two corporate directors and their agents of books, records, and documents of the corporation because the inspection which the president permitted was inadequate under Mass. Gen. Laws ch. 156D, § 16.05.
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| Fleet Nat'l Bank v. Comm'r of Revenue, SJC-09754, SJC-09755,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 2, 2007, Decided
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Overview: Taxpayers who overpaid their taxes prior to the effective date of an amendment to Mass. Gen. Laws ch. 62C, § 40, were awarded interest on their refunds from their overpayments until the date the amendment became operative. Thereafter, they were awarded interest from the filing of their respective abatement applications at a lower interest rate.
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| Town of Orange v. Shay, No. 06-P-439,
APPEALS COURT OF MASSACHUSETTS, March 2, 2007, Decided
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Overview: Because the prior nonconforming use of an entire parcel as a gravel pit was extinguished by both abandonment and discontinuance under Mass. Gen. Laws ch. 40A, § 6 and a town's bylaws, the trial court properly enjoined the owners from further removing gravel or other material, including topsoil, from their property.
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| Feldman v. Aspen Tech., Inc., Opinion No.: 97749, Docket Number: SUCV2006-3021 BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, March 3, 2007, Filed
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Overview: Plaintiff who sold his consulting business for restricted stock stated a sufficient claim for relief for fraud under Mass. Gen. Laws ch. 110A, § 410, and was not exempt from State securities law under Mass. Gen. Laws ch. 110A. § 401. Scienter was not a necessary element of proof under Massachusetts law.
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