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| Cent. St., LLC v. Zoning Bd. of Appeals, No. 06-P-942,
APPEALS COURT OF MASSACHUSETTS, June 29, 2007, Decided
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Overview: An abutter was a "person aggrieved" because diminution in its property's value was an injury to a specific interest that the applicable zoning by-laws were intended to protect, and plaintiff's qualitative evidence was sufficient to establish standing to challenge a variance granted to an adjacent property, pursuant to Mass. Gen. Laws ch. 40A, § 17.
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| Corr. Med. Servs. v. Dep't of Corr., Opinion No.: 98650, Docket Number: 07-2735 BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, June 29, 2007, Decided
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Overview: Emergency motion for injunctive relief was denied as even though other members of executive branch submitted improper letter supporting competitor to Massachusetts Department of Correction, award of bid to competitor was discretionary decision of DOC's Acting Commissioner that had rational basis and was not arbitrary or capricious.
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| DeGennaro v. DeGennaro, Opinion No.: 98648, Docket Number: 04-2660,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 29, 2007, Decided
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Overview: Ex-wife could not obtain a declaration that mortgage on marital property obtained by her ex-husband in violation his powers as trustee of a trust was void; ex-wife acquiesced in the transaction and received a benefit from it, and as a result, she could not then repudiate the transaction.
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| Sweenie v. Planning Bd. of Groton, No. 06-P-456,
APPEALS COURT OF MASSACHUSETTS, June 29, 2007, Decided
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Overview: Because a city by-law required consideration of the danger of the threat to water quality that could result if control measures failed, as they related to a permit to install underground storage tanks, the abutters to the land to which the permit applied derived standing to challenge the permit under Mass. Gen. Laws ch. 40A, § 17, from the by-law.
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| Commonwealth v. Beaz, No. 06-P-203,
APPEALS COURT OF MASSACHUSETTS, July 2, 2007, Decided
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Overview: Officer's testimony that when he arrived at the scene people were pointing to defendant was admissible as it was not testimonial but was offered only to show what officer observed. While prosecutor improperly stated defendant cut victim's throat "because he could," defendant failed to show error created substantial risk of miscarriage of justice.
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| Commonwealth v. Newman, No. 05-P-1467,
APPEALS COURT OF MASSACHUSETTS, July 2, 2007, Decided
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Overview: Admission of witnesses' testimony from earlier trial did not violate Confrontation Clause of Sixth Amendment because witnesses appeared at defendant's trial and were subject to lengthy cross-examination by defendant, who focused upon both substance of testimony and circumstances in which they appeared as witnesses for Commonwealth at earlier trial.
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| DiGiovanni v. Clarke, Opinion No.: 98827, Docket Number: 98-5614-D,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 2, 2007, Filed
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Overview: Although not every invoice listed by the lessors' attorneys contained an express reference to the lessees' default, a sufficient connection existed between the fees charged and the lessors' prosecution of the lessees' breach that the lessors' application for fees complied with the order on remand.
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| Hills v. Sav. Bank Life Ins. Co., Opinion No.: 98957, Docket Number: 04-1590,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, July 2, 2007, Filed
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Overview: Insurer denied widow's claim for life insurance proceeds because insured was not in good health when policy was approved. As insured did not know he had cancer until after policy was issued, widow was entitled to summary judgment on her breach of contract claim; but as this ruling diverged from precedent, her Mass. Gen. Laws ch. 93A claim failed.
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| Presby v. Comm'rs of Bristol County, No. 06-P-1499,
APPEALS COURT OF MASSACHUSETTS, July 2, 2007, Decided
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Overview: Where a correction officer was injured while running down stairs in response to an inmate fight, he was entitled to assault pay benefits because his injuries resulted from an act of violence within the meaning of Mass. Gen. Laws ch. 126, § 18A since he was running toward an act of violence caused by inmates and suffered an injury.
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