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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-06-05
Status Open
Type Permit Session
Docket 17 entries

Parties

Plaintiff Flaherty, Annmarie|Flaherty, John|Flaherty, Linda|Flaherty, Robert|Lavey, Cynthia|Sawyer, Kathleen
Defendant Cedarwood Development Llc|City Of Boston Zoning Board Of Appeal

Lawyers

Docket Entries

  1. Chief Justice of the Trial Court Order of Transfer dated May 24, 2023.
  2. Case transferred to the Permit Session.
  3. Complaint filed in the Permit Session.
  4. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 06/21/2023 Time: 10:00 AM
  5. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Mark Westbrook Corner, Esq. [email protected] Sent On: 06/07/2023 09:23:30
  6. Event Resulted: Case Management Conference scheduled on: 06/21/2023 10:00 AM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Howard P. Speicher, Presiding
  7. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 07/24/2023 Time: 10:15 AM
  8. Event Resulted: Case Management Conference scheduled on: 07/24/2023 10:15 AM Has been: Rescheduled Hon. Howard P. Speicher, Presiding
  9. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 07/25/2023 Time: 10:15 AM
  10. Case Management Conference Joint Statement, filed.
  11. Case management conference held by videoconference. Early intervention event held. Attorneys Mark Corner, Mike McDermott, and Sarah Figalora appeared. Counsel informed the court that the Boston Zoning Board of Appeal has held an additional hearing and issued a new decision granting supplemental zoning relief to Cedarwood Development LLC in connection with the same project. The parties are instructed to either agree to amend the complaint in this case to include an appeal of the new decision granting supplemental zoning relief, or file a separate complaint appealing the new decision which will later be consolidated with the present complaint. Afterwards, the court will schedule a new case management conference.
  12. Alternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
  13. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 09/28/2023 Time: 10:00 AM
  14. Event Resulted: Case Management Conference scheduled on: 09/28/2023 10:00 AM Has been: Rescheduled Hon. Howard P. Speicher, Presiding
  15. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 10/24/2023 Time: 10:00 AM
  16. Joint Statement, filed.
  17. Case management conference held by videoconference for this case and consolidated case, Lavey v. Boston Zoning Board of Appeal, 23 PS 000440. Early intervention event held. Attorneys Mark Corner, Michael McDermott, and Sarah Figalora appeared. The parties agreed that none of the plaintiffs hold the presumption of aggrieved person status, and that the plaintiffs will have the burden of going forward to prove that they are aggrieved persons as required by the Boston Zoning Enabling Act, St. 1956, c. 665, § 11. Counsel for the private defendant indicated intent to file a motion to dismiss both complaints based on lack of standing pursuant to Mass. R. Civ. P. 12(b)(1), and seeking, in the alternative, the imposition of a bond. Accordingly, the court will expect the private defendant to file its motion by November 23, 2023. Plaintiffs will have 30 days from the date the motion to dismiss is filed to file a response, after which the court will schedule a hearing. Notwithstanding the expected motion practice, all discovery, including written discovery, depositions, and expert disclosures and depositions, if any, to be completed by March 1, 2024.

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