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State Courts -
Massachusetts - March 30 - April 3, 2007
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Commonwealth v. Laro, No. 06-P-1245.,
APPEALS COURT OF MASSACHUSETTS, April 2, 2007, Decided
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Overview: Although the jury was not required to find that a school was an elementary school, it was far from irrational for them to have done so based on the witnesses' testimonies; therefore, the trial court properly convicted defendant of distributing a controlled substance within 1,000 feet of a school zone, in violation of Mass. Gen. Laws ch. 94C, § 32J.
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Mass. Bay Transp. Auth. v. City of Somerville, Opinion No.: 97659, Docket Numbers: 06-4616-BLS1, 06-4964 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 2, 2007, Decided
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Overview: Because commercial advertising on the Massachusetts Bay Transportation Authority's (MBTA) facilities, like those in the cities, was part of the legislatively mandated function of the MBTA, the MBTA was allowed to erect commercial advertising signs at a rail station and maintenance facility under Mass. Gen. Laws ch. 161A, § 11.
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Cmty. of Teresian Carmelites, Inc. v. Am. Towers, Inc., Opinion No.: 97947, Docket Number: 05-2324,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 3, 2007, Filed
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Overview: Because buyers agreed to assume the very obligations that the seller was claiming prevented conveyance of the property, a tenant's rights in the leased two acres could not impede conveyance of the property to the buyers; therefore, the buyers were entitled to summary judgment on their claim for specific performance.
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Therrien v. Global Prop. Developers Corp., Opinion No.: 97942, Docket Number: WOCV2006-01410A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 3, 2007, Filed
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Overview: Because the plaintiffs' original complaint contained only unsubstantiated, hypothetical, and conjectural claims, and because the likelihood of succeeding on appeal was doubtful considering the court's dismissal of their complaint for lack of standing, a surety bond under Mass. Gen. Laws ch. 40A, § 17 was entirely appropriate.
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