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| Air Plum Island, Inc. v. Soc'y for the Pres. of New Eng. Antiquities, No. 06-P-736,
APPEALS COURT OF MASSACHUSETTS, September 26, 2007, Decided
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Overview: Corporation could not establish ownership of airport runway parcel by adverse possession because it had occupied parcel in permissive compliance with a commercial lease; a facial ambiguity allegedly created by a sketch attached to the lease was preventable as the corporation could have distinguished the runway parcel from a parcel it had purchased.
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| Demoulas Super Mkts., Inc. v. Ryan, No. 06-P-912,
APPEALS COURT OF MASSACHUSETTS, September 26, 2007, Decided
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Overview: Property owner's action alleging, inter alia, abuse of process was properly dismissed under Mass. Gen. Laws ch. 231, § 59H as denial of attorney's fees under Mass. Gen. Laws ch. 231, § 6F on basis that homeowners' certiorari complaint as to proposed renovation project was not wholly frivolous precluded further litigation of issue of frivolousness.
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| Lieberman v. Powers, No. 05-P-1296,
APPEALS COURT OF MASSACHUSETTS, September 26, 2007, Decided
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Overview: In a negligence case, trial court erred in granting summary judgment for director and manager of animal shelter because a triable issue of fact existed regarding causation. Sufficient expert evidence was provided that ordinarily prudent person in circumstances would have taken additional steps to ensure safety of visitors to shelter's cat lounge.
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| Driscoll v. Bd. of Trs., No. 06-P-1796,
APPEALS COURT OF MASSACHUSETTS, September 27, 2007, Decided
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Overview: Because the statutory rape law did not provide for protection for a 17-year-old student pressuring a 15-year-old student to perform oral sex, the student could not recover in tort against the private school for his own sexual misconduct, even if the school were lax in its monitoring of its facilities and teenage sexual activity, as alleged.
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| Sher v. Desmond, No. 06-P-1556,
APPEALS COURT OF MASSACHUSETTS, September 27, 2007, Decided
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Overview: Grandmother's complaint for visitation under Mass. Gen. Laws ch. 119, § 39D, alleging father abused child's mother, was sufficient to rebut presumption of father's fitness to decide whether to allow visitation; fact that no one in mother's family or community had contact with child made it unlikely any harm would come to light without visitation.
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| Chamseddine v. Zoning Bd. of Appeals , No. 06-P-759,
APPEALS COURT OF MASSACHUSETTS, September 28, 2007, Decided
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Overview: Lot was not subject to 1989 zoning ordinance dimensional requirements because it had grandfather protection under Mass. Gen. Laws ch. 40A, § 6. Also, the three-year restriction on building pursuant to Mass. Gen. Laws ch. 41, § 81U did not preclude application of the grandfather clause because it did not change the residential character of the lot.
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| Commonwealth v. Davis, No. 06-P-1461,
APPEALS COURT OF MASSACHUSETTS, September 28, 2007, Decided
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Overview: The trial court properly convicted defendant of unarmed robbery because a bank teller turned over money to defendant because he feared that if he did not comply with defendant's request, a customer standing near defendant might get hurt. The teller's reasonable fear for the customer was sufficient to satisfy Mass. Gen. Laws ch. 265, § 19(b).
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| Doe v. Sex Offender Registry Bd., No. 05-P-211,
APPEALS COURT OF MASSACHUSETTS, September 28, 2007, Decided
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Overview: Trial court did not err in affirming classification of petitioner as level three sex offender because, pursuant to Mass. Gen. Laws ch. 30A, § 14, victim's story in police reports was plausible, consistent, and highly detailed, and was corroborated by petitioner's admission that he took victim to a house and engaged in sexual intercourse with her.
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| Siegel v. Berkshire Life Ins. Co., No. 06-P-1659.,
APPEALS COURT OF MASSACHUSETTS, September 28, 2007, Decided
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Overview: The trial court did not err in awarding legal fees as damages under Mass. Gen. Laws ch. 93A or imposing prejudgment interest from the date of filing of the claim because there was an implied agreement that the attorney would be compensated in a reasonable amount, and it was the insurer's deceitful actions that caused the insured immediate injury.
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