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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-01
Status Closed
Type Case Transferred From Other Court To The Permit Session
Docket 49 entries

Parties

Plaintiff Shaughnessy, John M.|Shaughnessy, Shayne M.|Shaughnessy, Ryan E.|Shaughnessy, Sarah A.|Adraneda, Allan|Joyce Harrington, Carol M.
Defendant Leonard, John S.|O'brien, Francis C.|Mullen, Jeffrey|Joffre, Giselle|Connolly, Bryan C.|Brown, Michael R.|Hurley, Brian|Gray, Nicholas S.|Adams Court Property Owner, Llc

Lawyers

Docket Entries

  1. Case transferred to the Permit Session.
  2. Complaint filed in the Permit Session.
  3. Chief Justice of the Trial Court Order of Transfer dated July 27, 2022.
  4. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 08/16/2022 Time: 11:30 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: Robert W Galvin, Esq. [email protected] Plaintiff: Anthony J Riley, Esq. [email protected] Sent On: 08/01/2022 16:26:47
  6. Assented to Motion to Continue the August 16, 2022,filed and Allowed
  7. Event Resulted: Case Management Conference scheduled on: 08/16/2022 11:30 AM Has been: Rescheduled Hon. Howard P. Speicher, Presiding
  8. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 09/08/2022 Time: 11:30 AM
  9. Defendants Adams Court Property Owner LLC's Motion to require posting of Bond by Plaintiffs,filed.
  10. Memorandum of Law in support of Defendants Adams Court Property Owner LLC's Motion to require posting of Bond by Plaintiffs,filed.
  11. Joint Case Management Conference Statement,filed.
  12. Case management conference held by videoconference. Early intervention event held. Attorneys Robert W. Galvin, Joel Faller, Peter Freeman, and Johanna W. Schneider appeared. Counsel urged to discuss a consensual resolution by mediation or otherwise. All discovery, including expert disclosures but excluding expert depositions, to be completed by January 31, 2023. All expert depositions to be completed by February 28, 2023. All dispositive motions to be filed within 45 days after close of discovery, but parties to inform court by end of discovery period if no dispositive motions are anticipated; court to thereafter schedule a pretrial conference. Hearing on defendant Adams Court Property Owner, LLC's motion to require a bond to be held by videoconference on September 30, 2022 at 10:00 A.M.
  13. Alternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
  14. Scheduled Judge: Speicher, Hon. Howard P. Event: Defendants Adams Court Property Owner LLC's Motion to require posting of Bond by Plaintiffs Date: 09/30/2022 Time: 10:00 AM
  15. Plaintiffs' Opposition to Motion by Defendant Adams Court Property Owner, LLC to require to Require the Plaintiffs to Post a $50,000.00 Bond,filed.
  16. Hearing on defendant Adams Court Property Owner LLC's motion to require posting of bond by plaintiffs pursuant to St. 2020, c. 358 held by videoconference. Attorneys Robert Galvin, Johanna Schneider, Peter Freeman, and Joel Faller appeared and argued. The parties and the court discussed the elements contemplated by the newly enacted statute and how each applies in the context of the instant motion. Following argument, the court took the motion under advisement.
  17. Adams Court Property Owner, LLC's Supplemental Filing regarding Motion to require Posting of Bond,filed.
  18. Order on Defendant Adams Court Property Owner LLC's Motion for Posting of Bond, issued. (Copies emailed to Attorneys Anthony Riley, Robert Galvin, Johanna Schneider, Peter Freeman, Colleen Cook, and Joel Faller) Judge: Speicher, Hon. Howard P.
  19. Financial Notes: Appeal Bond Received.
  20. Scheduled Judge: Speicher, Hon. Howard P. Event: Pre-Trial Conference Date: 04/27/2023 Time: 02:00 PM
  21. Event Resulted: Pre-Trial Conference scheduled on: 04/27/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Howard P. Speicher, Presiding
  22. Scheduled Judge: Speicher, Hon. Howard P. Event: Pre-Trial Conference Date: 05/24/2023 Time: 02:00 PM
  23. Joint Pre-Trial Memorandum, filed.
  24. Pretrial conference held by videoconference. Attorneys Robert Galvin, Johanna Schneider, Peter Freeman, Joel Faller, and George McLaughlin appeared. Counsel and the court discussed the issues slated for trial and counsel reported their intentions to file motions in limine. Motions in limine must be filed by June 30, 2023, and any replies must be filed by July 21, 2023, after which the court will schedule a hearing on the motions. The court will conduct a view of the locus on November 2, 2023 at 10:00 A.M. The court will hold a trial from November 6, 2023 through November 10, 2023, beginning at 9:30 A.M. and concluding at 4:00 P.M. each day, in person at the Suffolk County Courthouse in Boston.
  25. Scheduled Judge: Speicher, Hon. Howard P. Event: View Date: 11/02/2023 Time: 10:00 AM
  26. Scheduled Judge: Speicher, Hon. Howard P. Event: Trial Date: 11/06/2023 Time: 09:30 AM
  27. Scheduled Judge: Speicher, Hon. Howard P. Event: Trial Date: 11/07/2023 Time: 09:30 AM
  28. Scheduled Judge: Speicher, Hon. Howard P. Event: Trial Date: 11/08/2023 Time: 09:30 AM
  29. Scheduled Judge: Speicher, Hon. Howard P. Event: Trial Date: 11/09/2023 Time: 09:30 AM
  30. Scheduled Judge: Speicher, Hon. Howard P. Event: Trial Date: 11/10/2023 Time: 09:30 AM
  31. Plaintiff's Motion in Limine, filed.
  32. Defendant, Adams Court Property Owner, LLC's, Motion in Limine to Preclude Testimony and Evidence Concerning Economic Feasibility, filed.
  33. Defendant, Adams Court Property Owner, LLC's Motion in Limine to Preclude Testimony and Evidence Concerning Regulatory Compliance of Stormwater Plan, filed.
  34. Defendant, Adams Court Property Owner, LLC's Motion in Limine to Preclude Evidence of the Proceedings before the Town of Milton Board of Appeals, filed.
  35. Plaintiffs' Motion in Limine,filed.
  36. Defendant, Adams Court Property Owner, LLC's Opposition to Plaintiffs' Motion in Limine, filed.
  37. Scheduled Judge: Speicher, Hon. Howard P. Event: Motion in Limine Date: 09/28/2023 Time: 02:00 PM
  38. Plaintiffs' Memorandum in Opposition to Motion in Limine by Defendant, Adams Court Property Owner, LLC to preclude evidence of the proceedings before the Town of Milton Board of Appeals, filed.
  39. Event Resulted: Trial scheduled on: 11/06/2023 09:30 AM Has been: Continued Hon. Howard P. Speicher, Presiding
  40. Plaintiffs' Memorandum in Opposition to Motion in Limine by Defendant,Adams Court Property Owner, LLC to preclude testimony and evidence concerning Economic Feasibilty, filed.
  41. Plaintiffs' Memorandum in Opposition to Motion in Limine by Defendant, Adams Court Property Owner, LLC to preclude testimony and evidence concerning regulatory compliance of Stormwater plan,filed.
  42. Hearing held in person at the Suffolk County Courthouse on plaintiffs' motion in limine and private defendant's motion in limine. Attorneys Robert Galvin, Peter Freeman, Joel Faller, and Johanna Schneider appeared and argued. The court heard arguments from counsel on: 1) Plaintiffs' Motions in Limine to (i) request the court order that that the appeal and burdens of proof be conducted in accordance with provisions of G. L. c. 40B, § 21 and G.L. c. 40A, § 17, (ii) present evidence on the economic feasibility of defendant's development project, and (iii) request the court order that additional expert facts and opinions from defendant's expert, Ms. Keri Pyke, be stricken, or in the alternative, that plaintiffs' expert, Mr. Thomas Houston, be permitted to review and supplement his expert opinions, if desired; and 2) Defendant's Motion in Limine to (i) preclude testimony and evidence regarding state and local regulatory compliance of defendant's stormwater management plan, (ii) preclude evidence of past proceedings before the town of Milton Board of Appeals, and (iii) preclude testimony and evidence regarding the economic feasibility of the proposed development project, with or without reduced scope and additional conditions. Following argument, plaintiffs' motion in limine with respect to the burden of proof and the burden of going forward is DENIED on the basis that the parties agreed to, and the court ruled on, the order of presentation at the pre-trial conference and the court will not disturb that ruling: the parties having agreed that the Town has failed to meet its minimum 10% requirement for affordable housing, the burden of going forward on the merits has shifted to the plaintiffs, who will present first. Plaintiffs' motion in limine to present evidence on whether private defendant's development project is uneconomic with or without modifications is DENIED, and private defendant's corresponding motion in limine on this issue is ALLOWED, on the basis that the Board, and correspondingly, the court, may not consider evidence that a reduction in the number of units would make the project uneconomic in the absence of the Board having required such a reduction. Plaintiffs' motion in limine with respect to defendant's parking expert is ALLOWED IN PART in that defendant's parking expert may testify but plaintiffs' parking expert may supplement his report in response to defendant's expert's late-disclosed report. Defendant's motion in limine to exclude evidence of matters presented to the Board at its hearings on this matter is ALLOWED on the basis that such evidence is irrelevant to this de novo proceeding. Defendant's motion in limine to exclude evidence regarding defendant's stormwater plan's compliance or noncompliance with state and local regulations is ALLOWED on the basis that defendant's project must comply with local and state stormwater regulations to receive a building permit, and the plans presented to the Board were necessarily and permissibly preliminary. However, if plaintiffs have claimed standing on the basis of flooding or inadequate storm drainage, and defendant attempts to rebut plaintiffs' standing on this issue, plaintiffs may provide evidence relating to stormwater management to establish their standing on this issue. The trial, scheduled to begin on November 6, 2023 at 9:30 A.M., is rescheduled and will instead begin on November 7, 2023 at 9:30 A.M.
  43. Day Nisi Order issued. Returnable 11/28/2023. (Copies sent to Anthony J Riley, Esq., Robert W Galvin, Esq., Johanna W Schneider, Esq., Joel E Faller, Esq., Peter L Freeman, Esq., and George A McLaughlin, III, Esq.)
  44. Event Resulted: View scheduled on: 11/02/2023 10:00 AM Has been: Not held For the following reason: Request of all Parties Hon. Howard P. Speicher, Presiding
  45. Event Resulted: Trial scheduled on: 11/07/2023 09:30 AM Has been: Not held For the following reason: Case Reported Settled Hon. Howard P. Speicher, Presiding
  46. Event Resulted: Trial scheduled on: 11/08/2023 09:30 AM Has been: Not held For the following reason: Request of all Parties Hon. Howard P. Speicher, Presiding
  47. Event Resulted: Trial scheduled on: 11/09/2023 09:30 AM Has been: Not held Hon. Howard P. Speicher, Presiding
  48. Event Resulted: Trial scheduled on: 11/10/2023 09:30 AM Has been: Not held Hon. Howard P. Speicher, Presiding
  49. Stipulation of Dismissal with Prejudice, filed.

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