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   State Courts - Massachusetts - June 28 - June 29, 2006

  
Commonwealth Elec. Co. v. MacCardell, No. 05-P-625, APPEALS COURT OF MASSACHUSETTS, June 28, 2006, Decided
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Overview: Judgment for owner was affirmed as successor to electric company's attempt to satisfy its burden of proof as to owner's actual knowledge of easement to fall within Mass. Gen. Laws ch. 185, § 46 exception failed as successor simply reiterated that presence of poles and wiring had to be deemed sufficient to impute such knowledge to owner.

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Commonwealth v. Gaouette, No. 04-P-1159, APPEALS COURT OF MASSACHUSETTS, June 28, 2006, Decided
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Overview: Defendant was not entitled to jury instructions on mitigating effect of sudden transport of passion or heat of blood upon reasonable provocation or sudden combat where fight was not sudden and unexpected, but rather prearranged and prepared for by defendant. Trial judge properly conveyed to the jury that burden of proof was on the Commonwealth.

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Fisher v. Commonwealth, Docket Number: 01-0613B, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 28, 2006, Filed
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Overview: When a police officer brought suit against a sergeant who had investigated him for misconduct, the sergeant's special motion to dismiss under the Massachusetts Anti-Strategic Lawsuits Against Public Policy statute was denied. The sergeant's investigation and testimony were mandated by his superiors and did not constitute petitioning under the act.

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Hartel v. D&D Enters., Docket Number: 05-196A, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, June 28, 2006, Decided
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Reddish v. Bowen, No. 04-P-1494, APPEALS COURT OF MASSACHUSETTS, June 28, 2006, Decided
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Overview: Court's Mass. Gen. Laws ch. 93A award to a trust that owned property was affirmed as a contractor's improper location of a pool on the property amounted to a violation of a building law under Mass. Gen. Laws ch. 142A, § 17(10), which constituted an unfair or deceptive act under Mass. Gen. Laws ch. 93A by operation of Mass. Gen. Laws ch. 142A, § 17.

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Fitzgerald v. Zoning Bd. of Appeals, Docket Number: 05-3408G, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, June 29, 2006, Decided , June 29, 2006, Filed
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Overview: Property owners' motion for summary judgment on a neighbor's challenge to a zoning board's grant of variances to the owners was allowed because the neighbor lacked standing to seek judicial review under Mass. Gen. Laws ch. 40A, § 17 as she had no reasonable expectation of proving a legally cognizable injury or harm.

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