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Case Information
Filed
2022-06-09
Status
Closed
Type
Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket
27 entries
Parties
Plaintiff
Holden Pine Tree, Llc
Defendant
Carlson, Scott|Ricker, Robert|Kieline, Nancy|Parker, Jim|Zawada, Brynn|Cook, Steven|Lies, Otto
Lawyers
Docket Entries
- Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 431636 Date: 06/09/2022
- Land Court surcharge Receipt: 431636 Date: 06/09/2022
- Land Court summons Receipt: 431636 Date: 06/09/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Jonathan Silverstein, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: Scott Carlson Member of the Holden Planning Board No addresses available Defendant: Robert Ricker Member of the Holden Planning Board No addresses available Defendant: Nancy Kieline Member of the Holden Planning Board No addresses available Defendant: Jim Parker Member of the Holden Planning Board No addresses available Defendant: Brynn Zawada Member of the Holden Planning Board No addresses available Defendant: Steven Cook Member of the Holden Planning Board No addresses available Defendant: Otto Lies Member of the Holden Planning Board No addresses available null: File Copy Sent On: 06/14/2022 11:24:46
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 07/12/2022 Time: 10:20 AM
- Appearance of David K McCay, Esq., Tatiana R Tway, Esq. for Scott Carlson Member of the Holden Planning Board, Robert Ricker Member of the Holden Planning Board, Nancy Kieline Member of the Holden Planning Board, Jim Parker Member of the Holden Planning Board, Brynn Zawada Member of the Holden Planning Board, Steven Cook Member of the Holden Planning Board, Otto Lies Member of the Holden Planning Board, filed
- Assented to Motion to Continue Case Management Conference and Extend Response Deadline for Answer, filed.
- July 11, 2022. Municipal defendant's assented-to Motion to Continue Case Management Conference and Extend Response Deadline for Answer, ALLOWED IN PART, all parties assenting. The case management conference set for July 12, 2022 is continued to Thursday, July 28, 2022 at noon by ZOOM due to a scheduling conflict of defendant's counsel. A joint statement is to be received by the court no later than Friday, July 22, 2022. The court declines to issue an order on request for extension of the time to file an answer; counsel should stipulate among themselves. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Jonathan Silverstein, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: David K McCay, Esq. [email protected] Defendant: Tatiana R Tway, Esq. [email protected] null: File Copy Sent On: 07/11/2022 15:28:58
- Event Resulted: Case Management Conference scheduled on: 07/12/2022 10:20 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Gordon H. Piper, Presiding
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 07/28/2022 Time: 12:00 PM
- Joint Case Management Conference Statement, filed (by email).
- July 28, 2022. Case management conference held by videoconference. Early intervention event held. Attorney Paul Haverty appeared on behalf of the plaintiff; attorney David McCay appeared on behalf of the municipal defendants. Counsel reported that this case principally concerns a condition imposed by the Holden Planning Board in a definitive subdivision approval granted to plaintiff that requires the plaintiff-applicant to contribute to the installation of offsite sidewalks on an adjacent road. Plaintiff contends that the Board lacked the legal right to impose the condition given the state of the Board's rules and regulations, under the Subdivision Control Law, and pursuant to the Castle Estates line of cases. The Board says the condition was lawful and proper, and that, in any event, plaintiff consented to imposition of the condition or waived the right to contest it. Counsel further confirmed that the issue of the legal authority of the Board to impose said condition is appropriate for resolution by summary judgment. If it becomes necessary to consider the Board's further argument that the condition is proper based on the applicant's consent or waiver, that issue may or may not lend itself to decision on dispositive motion, but counsel currently intend to bring on motions for summary judgment first and in any event. All discovery to close October 28, 2022. By close of discovery, parties to submit joint report stating that discovery is complete, detailing what discovery has been taken, and which either: (1) reports intent to file dispositive motion(s), indicates who first will file, and as to what issue(s); the first such motion to be filed by November 28, 2022, Land Court Rule 4 to govern content of that filing and timing and content of subsequent filings; or (2) if no party intends to file dispositive motion, parties in their joint report to request pretrial conference. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Jonathan Silverstein, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: David K McCay, Esq. [email protected] Defendant: Tatiana R Tway, Esq. [email protected] Sent On: 08/01/2022 12:58:33
- Event Resulted: Case Management Conference scheduled on: 07/28/2022 12:00 PM Has been: Held via video Hon. Gordon H. Piper, Presiding
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Piper, Hon. Gordon H.
- Plaintiff's Proof of Service in Compliance with Civ. Proc. Rule 4(f), filed.
- Answer of Defendant Holden Planning Board, filed.
- Joint Status Report and Motion to Extend Tracking Order, filed by email.
- Notice of Docket Entry: January 27, 2023. The Court is in receipt of the parties' joint status report / joint motion to extend tracking order, filed on January 11, 2023. The motion to extend tracking order is ALLOWED; the deadline to complete all discovery is extended from October 28, 2022 to June 30, 2023 and the deadline to file a joint report informing the Court whether any party intends to file a dispositive motion or to request that the court schedule a pre-trial conference, is extended from November 28, 2022 to September 29, 2023. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Jonathan Silverstein, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: David K McCay, Esq. [email protected] Defendant: Tatiana R Tway, Esq. [email protected] Sent On: 01/27/2023 17:31:13
- Joint Motion to Extend Tracking Order, filed.
- Notice of Docket Entry: June 30, 2023. The court is in receipt of the parties' joint motion to extend tracking order, filed on June 29, 2023. The motion is ALLOWED; discovery to close by September 29, 2023 and dispositive motions, if any, to be filed by November 30, 2023. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Jonathan Silverstein, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: David K McCay, Esq. [email protected] Defendant: Tatiana R Tway, Esq. [email protected] Sent On: 06/30/2023 10:17:55
- Joint Status Report/ Joint Motion to Extend Tracking Order, filed.
- October 2, 2023. The court is in receipt of the parties' joint motion to further extend tracking order. The motion is ALLOWED; discovery to close by October 31, 2023 and the leading dispositive motion, if any, is to be filed by December 29, 2023. In view of the fact that this case was filed in June of 2022, and discovery was initially set to close eleven month ago and has been extended twice, no further enlargements of the schedule should be anticipated. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Jonathan Silverstein, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: David K McCay, Esq. [email protected] Defendant: Tatiana R Tway, Esq. [email protected] Sent On: 10/02/2023 11:33:18
- Joint Status Report and Joint Motion to Extend Tracking Order, filed.
- Joint Stipulation of Dismissal, filed.
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