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Case Information
Filed
2023-07-20
Status
Closed
Type
Miscellaneous|E Filed Man Mandamus, G.l. Chapter 249, § 5
Docket
28 entries
Parties
Plaintiff
Mission Associates, Llc
Defendant
Building Commissioner, City Of Boston|Boston Landmarks Commission
Lawyers
Docket Entries
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 442655 Date: 07/20/2023
- Land Court surcharge Receipt: 442655 Date: 07/20/2023
- Verified Complaint eFiled.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Emergency Motion for a Preliminary Injunctive Relief in the Nature of Mandamus, filed.
- Memorandum in Support of Emergency Motion for Preliminary Injunctive Relief in the Nature of Mandamus, filed.
- Motion for Appointment of Special Process Server, filed and APPROVED. (Patterson, Rec.). Notice of Approval sent to counsel of record by email.
- Plaintiff Mission Associates, Llc Ex Parte Motion for Short Order of Notice Filed and Allowed. Judge: Vhay, Hon. Michael D.
- The Court has reviewed, and GRANTS, Mission Associates's motion for a hearing on short notice on its Emergency Motion for a Preliminary Mandamus Order. The Court ORDERS the parties to appear for a "live" hearing at the Land Court on July 28, 2023, at 11:30 AM. The Court further ORDERS Mission Associates to file and serve on the Building Commissioner by 3 PM on July 26, 2023, a memorandum explaining why the Land Court has subject-matter jurisdiction over Mission's complaint. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael William Ford, Esq. [email protected] Sent On: 07/20/2023 12:06:47
- Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 07/28/2023 Time: 11:30 AM
- First-Amended Verified Complaint for Preliminary Injunctive Relief in the Nature od Mandamus and for Declaratory Judgment, filed.
- Motion to Transfer Action to Permit Session, filed.
- Memorandum of Plaintiff Concerning Subject Matter Jurisdiction, filed.
- The Court has received Mission's Motion to Transfer to Permit Session. The Court ORDERS Mission to complete and file promptly a Permit Session Cover Sheet. The sheet is available at https://www.mass.gov/doc/permit-session-cover-sheet/download. The Court will not rule on the Motion to Transfer without having received a completed cover sheet. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Sent On: 07/24/2023 15:54:07
- Permit Session Civil Cover Sheet, filed.
- Summons returned to Court with service on Building Commissioner, City Of Boston, Boston Landmarks Commission filed.
- Appearance of Thomas J Broom, Esq. for Boston Landmarks Commission, filed
- The Court has received Mission's permit-session cover sheet. The Court will ask defendants at the July 28, 2023, hearing whether they oppose Mission's motion to re-designate this action as a permit-session case, and if so, set a date for filing an opposition and hearing. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Defendant: Thomas J Broom, Esq. [email protected] Sent On: 07/26/2023 12:18:57
- Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, filed.
- Appearance of Edward Coburn, Esq. for Building Commissioner, City Of Boston, filed
- Plaintiff's Memorandum in Reply to City of Boston, filed.
- Event Resulted: Hearing on Preliminary Injunction scheduled on: 07/28/2023 11:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
- Hearing held on plaintiff Mission Associates, LLC's motion for a preliminary mandamus order. All parties appeared through counsel. Mission owns 80 and 100 Smith Street in Boston, which are occupied by disrepaired historical structures for which Mission obtained demolition permits from the City of Boston's Building Commissioner. The Commissioner subsequently issued two stop-work orders to prevent that demolition, both of which the Commissioner issued under the auspices of the State Building Code. Mission now moves for an order of mandamus under c. 249, s. 5 directing the Commissioner to rescind the two stop-work orders immediately and to allow Mission to demolish the structures, claiming they're presently hazardous. After hearing arguments from the parties, the Court DENIES Mission's motion for the reasons stated on the record of the hearing. The Court also heard argument on Mission's motion to transfer the case to the Permit Session. With the assent of the parties, the Court GRANTS the motion in part. The Court ORDERS Mission to re-file this case as a Permit Session (PS) matter by August 4, 2023. Once that action's filed, the Court will dismiss this 23 MISC 000338 matter and continue all orders in this case in the newly filed PS case. The Court ORDERS the parties to appear on August 11, 2023, at 12:30 PM for a pretrial videoconference. A separate notice of pretrial conference will issue; however, the Court gives the parties leave to file their joint pretrial memorandum by noon on August 10, 2023. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Defendant: Edward Coburn, Esq. [email protected] Defendant: Thomas J Broom, Esq. [email protected] Sent On: 07/28/2023 16:40:26
- Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 08/11/2023 Time: 12:30 PM
- In light of the filing of Case No. 23 PS 000353, and with the assent of the parties, the Court DISMISSES this action without prejudice. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Defendant: Edward Coburn, Esq. [email protected] Defendant: Thomas J Broom, Esq. [email protected] Sent On: 08/09/2023 13:36:13
- Event Resulted: Pre-Trial Conference scheduled on: 08/11/2023 12:30 PM Has been: Canceled For the following reason: Case Closed Hon. Michael D. Vhay, Presiding
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