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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-03-21
Status Closed
Type Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket 30 entries

Parties

Plaintiff Bristol Bros. Development Corp.
Defendant Williams, Sandra|Rotondo, Paul|Agnew, Gregory|Christian, Rob|Faust, Ben|Luongo, Robert J.

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 429407 Date: 03/21/2022
  4. Land Court surcharge Receipt: 429407 Date: 03/21/2022
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the F Track. Notice sent.
  7. Joint Statement, Motion to Consolidate Cases Related by Common Questions of Fact and Law, and Motion to Continue Case Management Conference, filed.
  8. This case has been reassigned to Justice Vhay. The Court GRANTS the parties' motion to consolidate this case with Case No. 22 MISC 000119. The Court ORDERS the parties to appear for a case-management conference in the consolidated matters, by telephone, on April 29, 2022, at 10:00 AM. A separate notice of case-management conference will issue. The Court ORDERS the parties, for future filings in the consolidated cases, to (a) include the caption of both cases on the first page of any filing, and (b) make such filings only in Case No. 22 MISC 119. The Court further ORDERS the parties to file by April 26, 2022, by e-mail sent to the Sessions Clerk, a joint case-management conference report that addresses the issues in both cases, and otherwise complies with the notice of case-management conference that issues today. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark S Bourbeau, Esq. [email protected] Plaintiff: Jeffery A Tocchio, Esq. [email protected] Plaintiff: William Prescott Golding, Jr., Esq. [email protected] null: File Copy Sent On: 03/31/2022 09:52:21
  9. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 04/29/2022 Time: 10:00 AM
  10. Appearance of Christopher H Heep, Esq., Donna Marie Brewer, Esq., Ethan B Dively, Esq. for Sandra Williams Member of the Weymouth Planning Board, Paul Rotondo Member of the Weymouth Planning Board, Gregory Agnew Member of the Weymouth Planning Board, Rob Christian Member of the Weymouth Planning Board, Ben Faust Member of the Weymouth Planning Board, Robert J. Luongo As he/she is the Agent of the Town of Weymouth Planning Board, filed
  11. Motion of David Mirabelli and Jennifer Mirabelli to Intervene Pursuant to M.R.C.P. 24(a) and (b) (Memorandum Incorporated), filed.
  12. The Court has received the Mirabellis' Motion to Intervene. The Court ORDERS the parties to file by April 22, 2022, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D.
  13. Appearance of Matthew J Dunn, Esq., Christopher J Davidson, Esq. for David Mirabelli, Jennifer Mirabelli, filed
  14. Landowner Plaintiff's Opposition to Motion to Intervene, filed.
  15. The Court has received Bristol Bros.'s opposition to the Mirabellis' motion to intervene. The Court ORDERS the parties and the Mirabellis to appear by telephone on April 29, 2022 at 10:00 AM (the same time as the case-management conference in these cases) for a hearing on the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  16. Parties' Joint Statement, filed.
  17. Event Resulted: Case Management Conference scheduled on: 04/29/2022 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  18. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  19. Telephonic case management conference, initial intervention event, and hearing on the Mirabellis' motion to intervene held. All parties appeared through counsel. Moving parties the Mirabellis also appeared through counsel. Jennifer and David Mirabelli were also present. Plaintiff Bristol Bros. appeals the defendant Town of Weymouth Planning Board's denial of an ANR endorsement, which Bristol Bros. asserts should have been granted. The Board claims that the denial of the endorsement was lawful. After hearing arguments, the Court DENIES the Mirabellis' motion to intervene, without prejudice to its renewal, for the reasons stated on the record. See also Massachusetts Fed'n of Teachers, AFT, AFL-CIO v. School Comm. of Chelsea, 409 Mass. 203, 209 (1991) (private party has the right to intervene in support of a government entity's decision only if the moving party shows the government "has colluded with the opposing party or has failed to fulfill its duty of representation" defending its decision). By agreement of Bristol Bros. and the municipal defendants, the Court ORDERS (1) Bristol Bros. to file by June 24, 2022, a motion for summary judgment on all issues in this case and (2) the Board to file by July 22, 2022, any opposition to that motion and any cross-motion for summary judgment. The Court advised the parties and the Mirabellis that the Court will send all notices and orders in this case by electronic mail. The parties and the Mirabellis assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark S Bourbeau, Esq. [email protected] Plaintiff: Jeffery A Tocchio, Esq. [email protected] Plaintiff: William Prescott Golding, Jr., Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Donna Marie Brewer, Esq. [email protected] Defendant: Ethan B Dively, Esq. [email protected] Defendant Intervenor: Matthew J Dunn, Esq. [email protected] Defendant Intervenor: Christopher J Davidson, Esq. [email protected] null: File Copy Sent On: 04/29/2022 11:10:24
  20. Motion of David Mirabelli and Jennifer Mirabelli to Intervene Pursuant to M.R.C.P. 24(a) AND (b) (Memorandum Incorporated), filed.
  21. The Court has received the Mirabellis' Motion to Intervene. The Court ORDERS the parties to file by May 27, 2022, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark S Bourbeau, Esq. [email protected] Plaintiff: Jeffery A Tocchio, Esq. [email protected] Plaintiff: William Prescott Golding, Jr., Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Donna Marie Brewer, Esq. [email protected] Defendant: Ethan B Dively, Esq. [email protected] Interested Party: Matthew J Dunn, Esq. [email protected] Interested Party: Christopher J Davidson, Esq. [email protected] null: File Copy Sent On: 05/13/2022 09:22:05
  22. Landowner Plaintiff's Opposition to Second Motion to Intervene, filed.
  23. The Court has reviewed the Mirabellis' motion for intervention in Case No. 22 MISC 000151, and the Landowner Plaintiff's opposition to that motion. The Court DENIES the motion, without prejudice to its renewal, for the same reasons the Court denied the Mirabellis' similar motion in Case No. 22 MISC 000119. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark S Bourbeau, Esq. [email protected] Plaintiff: Jeffery A Tocchio, Esq. [email protected] Plaintiff: William Prescott Golding, Jr., Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Donna Marie Brewer, Esq. [email protected] Defendant: Ethan B Dively, Esq. [email protected] Interested Party: Matthew J Dunn, Esq. [email protected] Interested Party: Christopher J Davidson, Esq. [email protected] null: File Copy Sent On: 05/26/2022 12:08:55
  24. Plaintiff's Motion for Summary Judgment, filed.
  25. Plaintiff's Statement of Material Facts in Support of its Motion for Summary Judgment, filed.
  26. Plaintiff's Memorandum in Support of its Motion for Summary Judgment, filed.
  27. Certificate of Service, filed.
  28. Joint Motion for Remand, filed.
  29. Order Remanding Case to Town of Weymouth Planning Board, issued. (Copies emailed to Attorneys William Golding, Jeffery Tocchio, Mark Bourbeau, Ethan Dively, Donna Brewer, Christopher Heep, Christopher Davidson, and Matthew Dunn) Judge: Vhay, Hon. Michael D.
  30. Stipulation of Dismissal (Mass. R. Civ. P. 41 (a)(1)(ii)), filed.

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