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| Comm'r of Prob. v. Adams, No. 04-P-1261,
APPEALS COURT OF MASSACHUSETTS, March 10, 2006, Decided
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Overview: As a Mass. Gen. Laws ch. 209A civil abuse protection order was obtained as a result of a fraud on the court, the District Judge had the power to expunge a record of the same. However, the court lacked the authority to order the Commissioner of Probation to reimburse the victim of said order for costs due to the Commissioner's failure to appear.
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| Commonwealth v. O'Laughlin, SJC-09587,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 10, 2006, Decided
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Overview: Convictions for burglary and armed assault in a dwelling, armed assault in a dwelling, armed assault with intent to murder, and assault and battery by means of a dangerous weapon were affirmed because the evidence was sufficient to permit the jury to determine beyond a reasonable doubt that defendant was the perpetrator of the attack on the victim.
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| Krafchuk v. Brooks, Docket Number: 2003-249B,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, March 10, 2006, Filed
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Overview: Planning board decision was reversed and vacated as the process freeze under Mass. Gen. Laws ch. 40A, § 6 was inapplicable. Accordingly, the definitive subdivision plan that the property owners submitted after the denial of their preliminary plan was not governed by the zoning bylaw which was in existence at the time the preliminary plan was filed.
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| Lepore v. LaFauci, Docket Number: 05-3529,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 10, 2006, Decided
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Overview: Abuse of process counterclaim was dismissed under anti-SLAPP statute, Mass. Gen. Laws ch. 231, § 59H, as executrix met threshold burden to show that claim was based on her petitioning activities alone as all of alleged wrongdoings related to bringing of suit by executrix to enforce settlement agreement. Brother failed to meet his burden of proof.
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| Southbridge Assocs. II, LLC v. Town of Southbridge, Docket Number: 04-01946B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 10, 2006, Filed
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Overview: Committee's summary judgment motion was allowed as lease was properly terminated under Mass. Gen. Laws ch. 30B, § 12(d) as committee was not circumscribed on matters concerning education, lease bore only secondary relation to education, and town manager's recommendation to delete appropriation for lease was binding on committee.
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| Wilson v. Dep't of Soc. Servs., No. 05-P-316,
APPEALS COURT OF MASSACHUSETTS, March 10, 2006, Decided
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Overview: Determination that there was reasonable cause to believe teacher physically abused student was supported by child's consistent testimony versus teacher's changing testimony. Teacher failed to show prejudice resulting from delay in decision in light of affirmance by hearing officer and fact teacher was able to exercise right to judicial review.
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