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   State Courts - Massachusetts - July 11 - July 13, 2006

  
Fricke v. Banks, Docket Number: 05-00422, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, July 11, 2006, Decided
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Overview: Actual controversy required by Mass. Gen. Laws ch. 231A, § 1 continued to exist as to interpretation of a deed restriction even after property owner agreed to, a least temporarily, comply with the restriction because she could change her mind at any time. Thus, judicial interpretation of restriction was needed to avoid later duplicate litigation.

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Mackenzie v. AIDS Support Group of Cape Cod, Docket Number: 05-00482, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, July 11, 2006, Decided
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Overview: Because the same-sex domestic partners failed to produce a copy of an allegedly defamatory letter and failed describe how its contents constituted a false statement, they failed to prove their claims for libel, slander, and intentional infliction of emotional distress; their motion to amend the complaint under Mass. R. Civ. P. 15(a) was futile.

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Perry v. Town of Barnstable Bldg. Comm'r, Docket Number: 05-00365, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, July 11, 2006, Decided
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Overview: Building commissioner's failure to issue a building permit for demolition of a pier that had been determined to be unsafe was a failure to act that gave the Massachusetts State Building Code Appeals Board authority to review the matter under Mass. Gen. Laws ch. 143, § 100 and to order the demolition of the pier.

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Wojcicki v. Caragher, SJC-09565, SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 11, 2006, Decided
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Overview: In malpractice case where doctor's expert testified without basis that none of patients in drug study had been suffering from cancer, trial court erred in granting new trial motion under Mass. R. Civ. P. 59(a); there was no evidence that expert's testimony was false since there was not evidence that any of study participants had active cancer.

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Commonwealth v. Toledo, No. 05-P-1010, APPEALS COURT OF MASSACHUSETTS, July 12, 2006, Decided
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Overview: Although search warrant listed wrong address for defendant's apartment, it did not violate particularity requirement of Fourth Amendment, as warrant identified building in great detail, and affiant had such trustworthy knowledge about apartment and defendant's name that there was no reasonable possibility he would have searched wrong apartment.

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Doe v. Messier, Docket Number: 02-1903-C, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, July 12, 2006, Filed
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Overview: Motion to compel production of any records kept in "secret archives" regarding a former priest was denied. Affidavits from a Bishop, a Bishop emeritus, and a Monsignor all attested to the fact that their archdiocese had never kept any secret archives and that all records pertaining to the priest had been produced.

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Mass. Sober Hous. Corp. v. Automatic Sprinkler Appeals Bd., No. 05-P-1089., APPEALS COURT OF MASSACHUSETTS, July 12, 2006, Decided
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Overview: As the 10 unrelated recovering alcoholics and drug addicts who were intended to live in a nonprofit organization's group home would be "lodgers" for purposes of Mass. Gen. Laws ch. 148, § 26H, a city properly ordered the organization to install an automatic sprinkler system in that home as required by § 26H.

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Carney v. AG, SJC-09706, SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 13, 2006, Decided
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Overview: Attorney General's certification of Initiative Petition 05-05 on parimutuel dog racing was quashed; it violated relatedness limitation of Mass. Const. amend. art. 48. Multiple subjects needed common purpose, but no meaningful relationship existed between parts that expanded criminal laws to protect animals and that abolished parimutuel dog racing.

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Kenney, No. 04-P-435, APPEALS COURT OF MASSACHUSETTS, July 13, 2006, Decided
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Overview: Although 29 days was unreasonable delay between temporary commitment and finding of probable cause petitioner was sexually dangerous person, petitioner's argument failed as petitioner failed to previously raise issue and failed to establish where responsibility for delay lied. Admission of juvenile records was upheld under Mass. Gen. Laws ch. 123A.

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