Case law

Rubenstein v. Liberty Mutual Insurance

4 Mass. L. Rptr. 272 · Massachusetts Superior Court · Aug 23, 1995

On reflection, I hesitate to do so, however, because the court’s brief discussion of the issue is clearly confined to the question whether Tufts or its wholly owned subsidiary was the prior owner. … The court concluded that subsurface groundwater did not qualify as being owned by the state, and thus was not third-party property.

Richard Lundgren, Inc. v. American Honda Motor Co.

2 Mass. L. Rptr. 571 · Massachusetts Superior Court · Sep 15, 1994

Here, American Honda had already approved the plaintiffs relocation, which was immanent when it issued its February 12, 1992 notice to the plaintiff, so that both parties were clearly contemplating plaintiffs new location … other motor vehicle dealers of the same line make with a place of business in the market area to be served by the additional franchisee have adequate motor vehicle sales and service facilities, equipment, vehicle parts and qualified

Lafferty v. Martha's Vineyard Commission

17 Mass. L. Rptr. 501 · Massachusetts Superior Court · Apr 9, 2004

Background The undisputed material facts as established by the summary judgment record are as follows. Sometime in 1999, Down Island Golf Club, Inc. … Regs. §3.01, and argues that this statutory and regulatory scheme establishes a framework of confidentiality for the requested records.

Pizzeria Uno of Kingston, Inc. v. Independence Mall Group

11 Mass. L. Rptr. 241 · Massachusetts Superior Court · Jul 13, 1995

At that time, Pizzeria Uno disputed whether the stores on which the Partnerships based the increase qualified as “department stores” within the meaning of the Lease. … “If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat

Costa v. DiFava

12 Mass. L. Rptr. 45 · Massachusetts Superior Court · Jun 28, 2000

Costa, Kerle and Lussier were each qualified to sit for the examination for a promotion to the rank of Captain, and each took the written portion of the Captain Promotional Examination on April 4, 1998. … Pursuant to G.L.c. 22C, §25, the Colonel of the State Police established Article 9.1 of the Massachusetts State Police Rules & Regulations entitled, “Regulations Establishing Examination Appeal,” which provides: The Colonel

Langton v. Pepe

8 Mass. L. Rptr. 331 · Massachusetts Superior Court · Mar 18, 1998

Boone clearly pertain only to MCI-Cedar Junction. The amount of space and shelving required will vary from institution to institution depending on the size and inmate population. … Whatever the reason, they, too, do not qualify as privileged mail under the regulation.

City of Worcester v. Local 378, International Brotherhood of Police Officers

22 Mass. L. Rptr. 600 · Massachusetts Superior Court · Feb 28, 2007

The arbitrator correctly identified the issues as “whether the Management Rights clause of the contract clearly preserves the right to bypass candidates on the eligibility list, whether the contract is ambiguous and if there … G.L.c. 31, §27 provides, in part, that “[e]xcept as provided otherwise by section fifteen, if the administrator certifies from an eligible list the names of three persons who are qualified for and willing to accept appointment

DIANA GERTSCH, WILLIAM L. LAHEY, and BRETT PRINCE v. TOWERNORTH DEVELOPMENT, LLC; JOHN E. COUGHLIN; And, Others Consolidated With: DIANA GERTSCH, WILLIAM L. LAHEY, and BRETT PRINCE v. TOWERNORTH DEVELOPMENT, LLC and Others

Massachusetts Superior Court · Oct 4, 2023

The SJC ruled “that the [abutters’] testimony clearly indicate[d] that one of their allegations of aggrievement was that construction of the house . . . violated the density provisions of the zoning bylaw.” Id. at 704 . … Also, the Isotope Report states that when a new tower is placed in such a way that it creates “the sense of looming over residents” or “dominating the experience of a neighborhood,” it may qualify as something that would

Dziok v. Metlife Auto & Home

29 Mass. L. Rptr. 384 · Massachusetts Superior Court · Jan 13, 2012

Once the moving party “establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … MetLife makes the further nonsensical argument that even if Dziok qualified as an existing customer, he admitted he knew about the inspection requirement and wrongfully ignored it.

Weaver v. Wood

2 Mass. L. Rptr. 522 · Massachusetts Superior Court · Sep 14, 1994

Erwin, 395 Mass. 715 , 722 n.2 (1985) (not every endeavor affiliated, however tenuously, with a recognized religious body qualifies as a religious activity within the protection from governmental involvement afforded by the … Such a proposition could immunize from judicial review actions of religious organizations when those actions are not properly subject to First Amendment protection.” Antioch Temple, Inc. v.

Commonwealth v. Peters

16 Mass. L. Rptr. 608 · Massachusetts Superior Court · Aug 6, 2003

The resulting convictions establish that he is a serious offender. The issue for decision is: do they establish him as an “habitual” one, within the meaning of the statute? … To be adjudged an habitual criminal under the statute, the defendant must have at least two prior convictions with qualifying sentences, resulting from separate, prior criminal episodes. 4 ORDER Because the grand jury in

Parker v. John Moriarty & Associates, Inc.

23 Mass. L. Rptr. 18 · Massachusetts Superior Court · Jul 29, 2007

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence establishing the existence of a genuine issue of material fact. Pederson, 404 Mass. at 17 . … Claims by employees of Steams or Accord for bodily injury would qualify under the language of the Endorsement.

Armknecht v. Concord Housing Authority

5 Mass. L. Rptr. 674 · Massachusetts Superior Court · Jul 30, 1996

Therefore, Petitioner’s project at Powder Mill Road is clearly consistent with the terms and conditions of the Memorandum of Agreement as written.” … Such review confines the function of the court to its usual and proper function of applying established law to established facts . . .

American Automobile Insurance v. J.P. Noonan Transportation, Inc.

12 Mass. L. Rptr. 493 · Massachusetts Superior Court · Nov 16, 2000

Although the two may have slightly different characteristics, nomenclature is less important than establishing functional boundaries. Bank Brussels Lambert v. … The Insurers contend each of those documents was prepared in anticipation of litigation and thus is immune from discovery.

Crop Production Services, Inc. v. Albert

18 Mass. L. Rptr. 97 · Massachusetts Superior Court · Jul 20, 2004

At trial, the documentary evidence establishing the principal balance at $360,635.00 was essentially uncontroverted. … While the jury was entitled to determine the contested amounts assessed, it overstepped its function in reducing the amount clearly obligated under the note as a matter of law.

Palmer v. Youth Opportunites Upheld, Inc.

18 Mass. L. Rptr. 301 · Massachusetts Superior Court · Sep 17, 2004

They have established that the plaintiff intends to make his physical and mental condition a special issue at trial, but no more. … This revision extends that amendment to include other certified or licensed professionals such as dentists, or occupational therapists who are not physicians or clinical psychologists, but who may be well qualified to give

John Hancock Mutual Life Insurance v. Banerji

12 Mass. L. Rptr. 405 · Massachusetts Superior Court · Mar 14, 2000

With the intent of protecting itself in the event of a future claim, Hancock expressly establishes the application as a part of the contract. … She again assumed Baneiji’s earnings were $55,845, which would qualify him for a maximum issue and participation amount of $3,050 (Exhibit 11).

Palmer v. Youth Opportunities Upheld, Inc.

18 Mass. L. Rptr. 339 · Massachusetts Superior Court · Oct 5, 2004

They have established that the plaintiff intends to make his physical and mental condition a special issue at trial, but no more. … This revision extends that amendment to include other certified or licensed professionals such as dentists, or occupational therapists who are not physicians or clinical psychologists, but who may be well qualified to give

Indian Hill Associates, Inc. v. City of Worcester

15 Mass. L. Rptr. 589 · Massachusetts Superior Court · Nov 5, 2002

A permit that has been exercised confers a vested property right immune from governmental action prospectively effective. Davis v. Zoning Board of Chatham, 52 Mass.App.Ct. 349, 360, fn.15 (2001). … However, the city obtained summary judgment in its favor on this count on the ground that “the municipality is immune from liability for intentional torts.”

Vaughn v. XRE/ADC Corp.

7 Mass. L. Rptr. 664 · Massachusetts Superior Court · Oct 9, 1997

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. … The business interests involved, the assurance of a safe workplace and the fulfillment of the defendants’ obligation to Gizara, clearly qualify for the privilege, and the publication to one person could hardly be viewed as