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| Commonwealth v. Zorn, No. 05-P-373,
APPEALS COURT OF MASSACHUSETTS, May 3, 2006, Decided
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Overview: Allowance of motion to suppress was reversed because despite totem pole hearsay, warrant affidavit provided probable cause under Mass. Const. Decl. Rights art. XIV as victim met basis of knowledge test, all other informants in two hearsay chains based their knowledge on victim's statements, and victim's and mother's veracity was established.
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| FDIC v. First Trident Constr. Corp., Docket Numbers: 90-00357B, 05-00776B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 3, 2006, Filed
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Overview: Trustee was entitled to correction of clerical error under Mass. R. Civ. P. 60(a) to reflect that judgment should have entered against him in his representative capacity, not as individual. He was protected as individual by Mass. Gen. Laws ch. 203, § 14A, as he was not beneficiary of trust and did not fail to reveal his representative capacity.
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| Winlake II, Inc. v. Mercier, Docket Number: MICV2005-00043-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 3, 2006, Decided
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Overview: Defendants' motion for summary judgment was granted as to lessors' claims arising from a commercial lease, as defendants did not warrant that the property would be suitable for use as a fitness center, and alleged representations concerning the condition of the property did not constitute fraud.
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| Am. Lithuanian Naturalization Club v. Hamlett, Docket Number: 2004-02340,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 4, 2006, Filed
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Overview: Case was placed back on track to resolve associations' depravation of property without due process or adequate compensation claim as state's highest court had held that Board of Health could promulgate regulation that prohibited smoking in associations' premises and parties had submitted matter for resolution on statement of agreed facts.
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| Ampere Elec. Contr., Co. v. Northeast Aquatic Design & Supply, Inc., Docket Number: 03-2339 C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 4, 2006, Filed
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Overview: Because there was no immoral, unethical, oppressive, or unscrupulous conduct on the part of an aquatic design company in regard to its failure to pay an electrical subcontractor for work which was performed on a swimming pool, there was no violation of Mass. Gen. Laws ch. 93A, § 2.
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| Commonwealth v. Brown, No. 05-P-935.,
APPEALS COURT OF MASSACHUSETTS, May 4, 2006, Decided
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Overview: Since a jury could have found that defendant restrained a victim's movements after raping her by refusing to let her alone, and repeatedly threatened her after leaving the site of the rape, there was sufficient evidence to support aggravated rape in violation of Mass. Gen. Laws ch. 265, § 22(a) based on the aggravating circumstance of kidnapping.
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| Laird v. Consigli, Docket Number: 04-2462 C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 4, 2006, Decided , May 4, 2006, Filed
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Overview: Abutters of lot for which zoning variance had been granted were aggrieved by ZBA's action, and their assertion variance would cause property value decline was supported by credible evidence, but facts did not support finding that property owner had created hardship lack of variance would cause. Parties' motions for summary judgment were denied.
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| Calci v. Reitano, No. 05-P-99,
APPEALS COURT OF MASSACHUSETTS, May 5, 2006, Decided
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Overview: Under Mass. Gen. Laws ch. 185, §§ 46, 47, 53, neighbor' attempt to establish easement over owner's registered land failed because there was no mention of any easement in certificate of title, or any facts in land court registration system available to owner when lot was conveyed to him from which he could discover that lot was subject to easement.
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