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| Powers v. Mass. Tpk. Auth., Opinion No.: 98077, Docket Number: 06-5271-A,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 24, 2007, Filed
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Overview: Former employee's request for preliminary injunction was denied because the court saw no irreparable harm being suffered by employee which would justify the issuance of a preliminary injunction, as the court could do no more than order the former employer to restore the employee to his position as an employee on an unpaid medical leave of absence.
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| Registry of Motor Vehicles v. Arbo, Opinion No.: 98079, Docket Numbers: 06-1476, 06-1477 n11 A consolidated action.,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 24, 2007, Filed
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Overview: District court decisions, reinstating two driver's respective rights to operate a motor vehicle, following their driving under the influence arrests, were affirmed, where the registry of motor vehicles failed to appear at hearing and/or properly authenticate record, and did not offer any discernible challenge to the drivers' claims.
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| Wells v. Zoning Bd. of Appeals, No. 06-P-537,
APPEALS COURT OF MASSACHUSETTS, April 24, 2007, Decided
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Overview: A trial court properly annulled a zoning board decision affirming a building permit to reconstruct a nonconforming residence under the town's zoning bylaws where the nonconforming structure had lost its protection under the two-year reconstruction period when the lot size was reduced below the minimum lot-size required for reconstruction.
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| Angelo Todesco Corp. v. Mass. Highway Dep't, Opinion No.: 98212, Docket Number: 04-04724,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 25, 2007, Decided
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Overview: Defendant highway department's motion for a separate trial on the issue of the alleged oral tolling agreement was allowed because the issue was the key issue in the case, and it would take a relative short time to try, as opposed to the trial of the entire major highway construction case.
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| Looney v. Arakelian, Opinion No.: 97939, Docket Number: 2005-0273,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 25, 2007, Filed
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Overview: Because the possibility that a truck driver could have moved vehicles prior to photographs being taken was not evidence or an established fact from which a jury could draw reasonable inferences of the driver's negligence, he was entitled to summary judgment in the plaintiff's personal injury action.
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| Pantoja v. Comm'r, Opinion No.: 97940, Docket Number: 07-435,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 25, 2007, Filed
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Overview: Because an inmate's complaint was not in proper or intelligible form, and because each of his claims relied on grounds that were not appropriate for habeas corpus relief, the complaint was dismissed pursuant to Mass. R.Civ.P. 12(b)(6) for failure to state a claim for which relief may be granted.
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