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| Besseck v. New Eng. Water Heater Co., Docket Number: 04-4877 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, July 5, 2006, Decided
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Overview: In a consumer class action brought against a water heater company under Mass. Gen. Laws ch. 93A, § 9, plaintiffs' motion for class certification was denied, where plaintiffs conceded they never entered into a written lease for a water heater with the water heater company or its predecessor.
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| Commonwealth v. Gilbert, SJC-09512,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 5, 2006, Decided
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Overview: Single justice of the state's highest court properly allowed defendant's appeal of the reduction of a jury's verdict convicting defendant of first-degree murder to second-degree murder to proceed under Mass. Gen. Laws ch. 278, § 33E as the reduction of the verdict was a substantial question that ought to be determined by the full court.
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| Commonwealth v. McKinley, Docket Number: 05-598,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, July 5, 2006, Filed
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Overview: Motion to suppress evidence recovered after investigatory stop and pat-frisk of defendant was denied as police had a reasonable and articulable suspicion defendant, who avoided contact with police and matched description of assailants, committed crimes and frisk was narrow in scope. Showup was not unnecessarily suggestive or impermissibly lengthy.
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| Goldman v. Civil Serv. Comm'n, Docket Number: 2004-1372,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, July 5, 2006, Filed
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Overview: As evidence showed that an officer a board of selectmen promoted to police sergeant over another candidate was more qualified, and as the candidate's claims that he was passed over because of his union activities and animosity between him and board members were mere assumptions, Massachusetts Civil Service Commission properly upheld board's action.
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| Hassett v. Boch Broad. L.P., Docket Number: BACV2003-00311,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, July 6, 2006, Decided
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Overview: Employer's motion for summary judgment on the remaining claim for age discrimination under Mass. Gen. Laws ch. 151B was denied because the motion was filed outside of the time allowed for such motions in the tracking order and did not need to be considered at the discretion of the court.
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| Town of Uxbridge v. Vecchione, Docket Number: 00-2099,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, July 6, 2006, Filed
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Overview: Defendants were enjoined from further earth removal activity on their property without applying for and obtaining a permit from a town, because a section of the town's by-laws prohibited excavation without such a permit, as the earth removal activities in question were not related to normal farming activities.
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| Town of Billerica v. Card, No. 05-P-14,
APPEALS COURT OF MASSACHUSETTS, July 7, 2006, Decided
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Overview: Summary judgment for town on owner's counterclaim was affirmed as town's receipt of 2000 notice of owner's intended conversion of agricultural land not involving sale triggered town's 120-day option under Mass. Gen. Laws ch. 61A, § 14 to purchase land; owner could not unilaterally take back rights that had already irrevocably vested in town.
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| Town of Hanover v. Cervelli, No. 05-P-215,
APPEALS COURT OF MASSACHUSETTS, July 7, 2006, Decided
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Overview: When a town lost a state grant because a landowner failed to convey land to it as agreed, it was error to award the town breach of contract damages. The record did not indicate that at the time the landowner agreed to convey the land, the town had informed him that it would lose the grant if he breached the contract or that he knew of the grant.
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