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| Steamboat Realty, LLC v. Zoning Bd. of Appeal , No. 06-P-1209.,
APPEALS COURT OF MASSACHUSETTS, October 30, 2007, Decided
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Overview: Trial court's judgment affirming city zoning appeals board's decision denying limited liability company and principal's application for a height variance for renovations made to a penthouse unit was affirmed; applicants did not meet the codified requirements for a variance and trial court did not fail to balance equities in affirming the decision.
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| Winchester Gables, Inc. v. Host Marriott Corp., No. 06-P-1209.,
APPEALS COURT OF MASSACHUSETTS, October 30, 2007, Decided
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Overview: A trial court erred in finding that a senior retirement community facility seller was not due additional sums upon the buyers' resale of the facility, as such was contemplated in the parties' contract and the trial court judge had refused to apply the unambiguous formula to determine if such sums were due.
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| Commonwealth v. Avellar, No. 06-P-644.,
APPEALS COURT OF MASSACHUSETTS, October 31, 2007, Decided
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Overview: Suppression of evidence acquired during a traffic stop was improper because, even if officers' stop of the vehicle was pretext, officers had reasonable suspicion that a traffic violation had occurred under Mass. Gen. Laws ch. 90, § 14B, and, therefore, the right to stop the vehicle. Warrant to search apartment was supported by probable cause.
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| Commonwealth v. Nattoo, No. 06-P-1332.,
APPEALS COURT OF MASSACHUSETTS, October 31, 2007, Decided
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Overview: No search of constitutional measure under U.S. Const. amend XIV or Mass. Const. Decl. Rights art. 14 occurred when officer looked through bags of belongings defendant left street side, and evidence found should not have been suppressed; defendant might have had a subjective expectation of privacy in belongings, but the expectation was unreasonable.
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| MacFadyen v. Maki, 06-P-1394,
APPEALS COURT OF MASSACHUSETTS, October 31, 2007, Decided
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Overview: Trial court erred in granting summary judgment to tree farm owner on the claimant's three counts against the tree farm owner for injuries she allegedly sustained in a fall while selecting a Christmas tree; tree farm owner had to post a Mass. Gen. Laws ch. 128, § 2E warning sign to avail himself of that statute's protections and he did not do so.
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| Commonwealth v. Despres, No. 06-P-1252.,
APPEALS COURT OF MASSACHUSETTS, November 5, 2007, Decided
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Overview: Trial court's denial of defendant's motion for a new trial was affirmed; he did not show alleged newly-discovered evidence supported reversal of conviction for indecent assault and battery on a person over age of 14 in violation of Mass. Gen. Laws ch. 265, § 13H, as neither of two witnesses he offered was qualified to render an admissible opinion.
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| Fifield v. Bd. of Zoning Appeal of Cambridge, SJC-09992,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, November 5, 2007, Decided
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Overview: A building permit's recipient was entitled to service of a neighbor's complaint seeking revocation of the permit, under Mass. Gen. Laws ch. 40A, § 17, but it was error to find the neighbor made no effective service on the recipient because the neighbor only had to send the recipient notice, and no proof that the recipient received it was required.
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| LeMaitre v. Mass. Tpk. Auth., No. 06-P-455.,
APPEALS COURT OF MASSACHUSETTS, November 5, 2007, Decided
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Overview: In action for breach of employment contract, employee initially paid a cash benefit of 20 % of accrued, unused sick days, was entitled to additional compensation for days accrued before change, when employer's personnel policies provided cash benefit of 50 % of accrued, unused sick days and percentage for health insurance premiums after retirement.
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| C & I Steel, LLC v. Travelers Cas. & Sur. Co., No. 06-P-851.,
APPEALS COURT OF MASSACHUSETTS, November 6, 2007, Decided
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Overview: Because there was no basis for concluding that an arbitration clause appeared, or was incorporated, in any contract to which a surety was a party, and by its terms, the bond did not cover punitive damages, payment of which was payment for punishment, not for labor, materials and equipment, the surety could not be held liable for punitive damages.
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| Commonwealth v. Ly, SJC-10042,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, November 6, 2007, Decided
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Overview: Defendant, who had been released pursuant to Mass.R.Crim.P. 31(a) while appeal was pending, was never reincarcerated after all but one of his convictions were affirmed, and remained at liberty for 16 years. As this was solely caused by an error of the Commonwealth, due process required discharging him from serving sentences.
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