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| Adlakha v. Adlakha, No. 04-P-1288,
APPEALS COURT OF MASSACHUSETTS, March 31, 2006, Decided
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Overview: A remand was required to resolve the alimony and health insurance allocation questions because there were too many gaps in the master's and judge's fact finding and reasoning regarding the amount of alimony needed, the duration of alimony, and the payment for health insurance, pursuant to Mass. Gen. Laws ch. 208, § 34.
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| Castle Hill Apts. Ltd. P'ship v. Planning Bd., No. 05-P-43.,
APPEALS COURT OF MASSACHUSETTS, March 31, 2006, Decided
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Overview: Trial court properly found that a city planning board exceeded its authority in imposing certain conditions on a building project, as requiring the developer to completely redesign the interior and exterior of each building to accommodate vague exterior aesthetic concerns was not reasonable.
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| In re Petition of Two Minors for Change of Name, No. 05-P-120,
APPEALS COURT OF MASSACHUSETTS, March 31, 2006, Decided
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Overview: Since a trial court's judgment and findings suggested that it denied the children's request for a surname change pursuant to Mass. Gen. Laws ch. 210, § 12, based on several factors that lacked firm foundation in the evidence or ignored evidence to the contrary, where the children already used their stepfather's surname, the judgment was vacated.
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| Marsh & McLennan Cos. v. Hall Corp., Docket Number: 05-3377,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 31, 2006, Decided
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Overview: Insured one's motion to dismiss interpleader complaint under Mass. R. Civ. P. 12(b)(6) was denied as the interpleader action was not a collateral attack on a settlement agreement. The insurer merely sought resolution of a dispute between two insureds, both of which agreed that the settlement offer was an acceptable offer for the insurer's actions.
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| Meldon v. Town of Barnstable, Docket Number: 2001-00234,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, March 31, 2006, Decided
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Overview: Summary judgment for a town did not lie in a takings case; property owner did not have to petition town for a damages assessment before filing suit. He could file suit for damages and assessment at one time under Mass. Gen. Laws ch. 79, § 14. He had three years in which to do so, and suit filed less than two years after sewer was built was timely.
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| Ryan v. Pepe, No. 04-P-525,
APPEALS COURT OF MASSACHUSETTS, March 31, 2006, Decided
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Overview: Inmate's claims regarding his Awaiting Action Pending Investigation status were properly dismissed as both Federal, 42 U.S.C.S. § 1997e(a) (2000), and State law, Mass. Gen. Laws ch. 127, § 38F, expressly required inmates to exhaust available grievance procedures before going to court. There was no evidence that the inmate ever attempted to do so.
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| TAL Fin. Corp. v. CSC Consulting, Inc., SJC-09518,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 31, 2006, Decided
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Overview: Where the liquidated damages clause in the lease agreement between the lessor and the lessee's purchaser failed to provide any recognition for the type or timing of the default, it tended to indicate that the provision's purpose was not to estimate the damages but to penalize for any failure, however immaterial.
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| Varnerin v. T-UNA-S, Inc., Docket Number: 00-174,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, March 31, 2006, Decided
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Overview: A business that was sued successfully for injuries sustained on its premises had no right to seek indemnification from its commercial tenants; Mass. Gen. Laws ch. 186, § 15, declared such lease provisions to be void as against public policy if they required residential or commercial tenants to indemnify a landlord for its negligence or misconduct.
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