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| Mass. Convention Ctr. Auth. v. HNTB Corp., Docket Number: 04-4335 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 24, 2006, Decided
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Overview: MCAA's motion for partial summary judgment on a design team's counterclaim for breach of contract was allowed insofar as it related to unpaid additional services that were not reflected by contract amendments because parties' agreement required that additional services be specifically authorized in writing in advance of their provision.
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| Wooten v. Crayton, No. 05-P-41,
APPEALS COURT OF MASSACHUSETTS, April 24, 2006, Decided
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Overview: Free Exercise Clause did not bar consideration of declaratory judgment suit by a faction of congregational church members against another faction; court had limited subject matter jurisdiction to determine that membership had power to mortgage church property and vote to join a new denomination, and court could enforce membership's vote on issues.
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| Cruz v. Spencer, Docket Number: 02-2381B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 25, 2006, Filed
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| Curcuru v. Rose's Oil Serv., No. 04-P-1364,
APPEALS COURT OF MASSACHUSETTS, April 25, 2006, Decided
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Overview: Shipyard's motion for JNOV on the estate's Death on the High Seas Act, 46 U.S.C.S. app. 761 et seq., claims was properly denied since a jury could reasonably infer that a crew was on a ship and died due to the fish hold flooding, caused by the shipyard's negligent repairs, and the ship unexpectedly capsizing and sinking.
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| Hipson v. Town of Auburn, Docket Number: 2002-2212A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 25, 2006, Filed
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Overview: Civil contempt action against town for failing to comply with remand order was dismissed. The town's zoning board of appeals complied with the order by considering appeal pursuant Mass. Gen. Laws ch. 40A, § 15, and even if it had not, civil contempt was not a proper sanction as failure to comply would result in the appeal being granted.
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| Lincoln Ventures, Inc. v. FSL Assocs., Docket Number: 05-0589B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 25, 2006, Filed
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Overview: Septic system inspector's motion to dismiss a property buyer's claims of negligence, negligent and intentional misrepresentations, and deceptive business practices in violation of Mass. Gen. Laws ch. 93A, § 9 was allowed as the buyer could not show reliance for the negligence and representation claims and the inspector's conduct was not unethical.
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| Simpson v. Kennedy, Docket Number: 2002-2882-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 25, 2006, Decided
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Overview: Plaintiff failed to show that defendant owed money to a trust, as the notes entered into by defendant in his capacity as a trustee were either paid in full, or there was no further liability under the notes on the part of defendant or the trust.
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