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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-07-29
Status Open
Type E Filed Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket 54 entries

Parties

Plaintiff Boisseau, John|Boisseau, Sheri
Defendant Planning Board Of The Town Of Blackstone|Eastern Building And Contracting Llc

Lawyers

Docket Entries

  1. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Plaintiff: Henry Albert Nydam, II, Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Andrew N Bettinelli, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 11/05/2025 09:19:13
  2. Land Court miscellaneous filing fee Receipt: 452514 Date: 07/30/2024
  3. Land Court surcharge Receipt: 452514 Date: 07/30/2024
  4. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Appearance of Christopher Lee Brown, Esq., Anthony J Riley, Esq. for Planning Board of the Town of Blackstone, filed
  7. The case has been assigned to the F Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Sent On: 08/05/2024 16:19:06
  8. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 08/28/2024 Time: 11:45 AM
  9. Affidavit of Compliance with Notice requirements of Chapter 40A, Sec. 17 filed by Henry J Lane, Esq..
  10. Town of Blackstone Planning Board's Answer, filed.
  11. Easter Building and Contracting, LLC's Answer, filed.
  12. Joint Statement for Case Management Conference, filed.
  13. Event Resulted: Case Management Conference scheduled on: 08/28/2024 11:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 28, 2024. Case Management Conference held by Zoom. Attorneys Henry J. Lane, Anthony J. Riley and Scott A. Ambler appeared. Early intervention event held. This case is regarding an appeal of the approval of a 4-lot subdivision in Blackstone that abuts the plaintiffs' property. The parties believe at this time mediation screening would not be helpful and wish to open discovery. Discovery is open and set to close on January 6, 2025. A Status Conference is set down for January 7, 2025 at 9:30am by Zoom. (Foster, J.)
  14. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 08/29/2024 10:48:01
  15. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 01/07/2025 Time: 09:30 AM
  16. Event Resulted: Status Conference scheduled on: 01/07/2025 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 7, 2025. Status Conference held by Zoom. Attorneys Henry J. Lane, Anthony J. Riley and Scott A. Ambler appeared. The parties report that responses to some discovery requests are due in 7-10 days. The defendant planning board intends to confer with plaintiff and then to file a Motion for Protective Order with respect to plaintiff's interrogatories. The private defendants report they wish to proceed to file a motion for summary judgment on standing. The parties will confer about discovery and about whether the facts are sufficiently undisputed for a summary judgment motion. A status conference is set down for February 5, 2025 at 10:00am by Zoom to hear the Town of Blackstone Planning Board's Motion for Protective Order and discuss next steps as to how to proceed hearing this case. The motion for protective order will be filed in time to allow plaintiff ten days to respond before the hearing. (Foster, J.)
  17. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 01/07/2025 16:05:03
  18. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/05/2025 Time: 10:00 AM
  19. Town of Blackstone Planning Board's Motion for Protective Order, filed.
  20. Town of Blackstone Planning Board's Memorandum in Support of it's Motion for Protective Order, filed.
  21. Scheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 02/05/2025 Time: 10:00 AM
  22. Plaintiff's Opposition to Blackstone Planning Board's Motion for Protective Order, filed.
  23. Event Resulted: Motion scheduled on: 02/05/2025 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding
  24. Event Resulted: Status Conference and hearing on Town of Blackstone Planning Board's Motion for Protective Order scheduled on: 02/05/2025 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding February 5, 2025. Status Conference and hearing on the Town of Blackstone Planning Board's Motion for Protective Order held via Zoom. After discussion, as the Town of Blackstone Planning Board states it does not intend to present evidence or argue at trial, the motion is rendered moot and the plaintiffs withdraw their interrogatories to the Planning Board. Discovery is complete aside from answering remaining interrogatories and producing documents. A pre-trial conference is set down for March 27, 2025 at 11:00am by Zoom. Pre-Trial notice to issue. (Foster, J.)
  25. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 02/06/2025 10:37:47
  26. Scheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 03/27/2025 Time: 11:00 AM
  27. Appearance of Christopher H Heep, Esq. for Planning Board of the Town of Blackstone, filed
  28. Joint Pre-Trial Memorandum, filed.
  29. Event Resulted: Pre-Trial Conference scheduled on: 03/27/2025 11:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 27, 2025. Joint Pre-Trial Conference held via Zoom. Attorneys Henry Lane, Christopher Heep and Scott Ambler appeared. Further expert disclosures are due May 13, 2025, and expert discovery, including expert depositions, is extended to June 13, 2025. The plaintiffs have the burden of proof on standing, with no presumption of standing. The plaintiffs will go first at trial and present their case on standing, followed by the defendants' response on standing and their case on the merits of the subdivision decision, followed by the plaintiffs' response on the merits of the subdivision decision. The view is set down for June 30, 2025 at the property location at 8:30am with the first day of trial set for 9:30am at the Uxbridge District Court subject to that court's availability. The remaining day of trial set down for July 1, 2025 at the courthouse in Boston. The parties are to confer about witnesses and availability for days of trial and report to the court by April 3, 2025. After confirmation, notice of view and trial to issue. (Foster, J.)
  30. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 03/28/2025 12:01:07
  31. Scheduled Judge: Foster, Hon. Robert B. Event: View Date: 07/23/2025 Time: 08:30 AM
  32. Scheduled Judge: Foster, Hon. Robert B. Event: Trial Date: 07/23/2025 Time: 09:30 AM
  33. Scheduled Judge: Foster, Hon. Robert B. Event: Ongoing Trial Date: 07/24/2025 Time: 09:30 AM
  34. Motion to Continue Expert Disclosures and Expert Discovery, filed.
  35. May 13, 2025. Motion to Continue Expert Disclosures and Expert Discovery ALLOWED IN PART. The deadline for expert disclosure is extended to May 20, 2025. Further response from Eastern Building and Contracting LLC is due by May 20, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 05/13/2025 16:17:45
  36. Expert Disclosure, filed.
  37. Defendant Eastern Building and Contracting LLC's Motion in Limine to Exclude Testimony and Evidence, filed.
  38. Defendant Eastern Building and Contracting LLC's Motion in Limine to Exclude Evidence and Testimony, filed.
  39. July 21, 2025. Hearing on the Defendant Eastern Building and Contracting LLC's two pending Motions in Limine will be heard at the start of trial on July 23, 2025. Opposition to said Motions are due prior to the start of trial. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 07/21/2025 15:12:15
  40. Plaintiff's Opposition to Defendant's Motion in Limine to Exclude Prior Zoning Board and Planning Board History, filed.
  41. Plaintiffs' Opposition to Defendant Eastern Building and Contracting LLC's Motion in Limine to Exclude Evidence and Testimony, filed.
  42. Event Resulted: View scheduled on: 07/23/2025 08:30 AM Has been: Held in person Hon. Robert B. Foster, Presiding
  43. Event Resulted: Trial scheduled on: 07/23/2025 09:30 AM Has been: Held - First Day of Trial Hon. Robert B. Foster, Presiding July 23, 2025. View held. Trial held. Attorneys Henry Lane, Anthony Riley and Scott Ambler appeared. First day of trial. Defendant Eastern Building and Contracting LLC's Motion in Limine to Exclude Testimony and Evidence and Defendant Eastern Building and Contracting LLC's Motion in Limine to Exclude Evidence and Testimony heard and allowed in part and denied in part. Exhibits 1-15 admitted. Exhibit A marked for identification. Chalk A marked. Testimony heard from Sheri Boisseau, James Sullivan, Gino Carlucci, and John Boisseau. Trial to continue in Boston. (Foster, J.)
  44. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 07/24/2025 09:02:52
  45. Event Resulted: Ongoing Trial scheduled on: 07/24/2025 09:30 AM Has been: Held in person Hon. Robert B. Foster, Presiding July 24, 2025. Trial held. Attorneys Henry Lane, Henry Nydam, Anthony Riley and Scott Ambler appeared. Second day of trial. Exhibit 16A admitted. Testimony heard from James Devellis and Michael Votruba. Trial to continue on July 29, 2025 at 11:00 am in Boston. (Foster, J.)
  46. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Plaintiff: Henry Albert Nydam, II, Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 07/25/2025 08:06:54
  47. Scheduled Judge: Foster, Hon. Robert B. Event: Ongoing Trial Date: 07/29/2025 Time: 11:00 AM
  48. Appearance of Andrew N Bettinelli, Esq. for Planning Board of the Town of Blackstone, filed
  49. Trial Ends.: Ongoing Trial scheduled on: 07/29/2025 11:00 AM Has been: Held - Trial Ends Hon. Robert B. Foster, Presiding July 29, 2025. Trial held. Attorneys Henry Lane, Henry Nydam, Andrew Bettinelli, and Scott Ambler appeared. Third day of trial. Exhibit 16 admitted in full; exhibits 17 and 18 admitted. Testimony heard from Steven Bouley and James Devellis. Parties rest. Upon receipt of trial exhibits, post-trial briefing and closing arguments will be set down. (Foster, J.) Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Plaintiff: Henry Albert Nydam, II, Esq. [email protected] Defendant: Christopher H Heep, Esq. [email protected] Defendant: Christopher Lee Brown, Esq. [email protected] Defendant: Anthony J Riley, Esq. [email protected] Defendant: Andrew N Bettinelli, Esq. [email protected] Defendant: Scott A Ambler, Esq. [email protected] Sent On: 07/31/2025 08:46:03
  50. Transcript of July 23, 2025 July 24, 2025 July 25, 2025 before Hon. Robert B. Foster. All briefs and/or memoranda should be submitted to the Court on or before 10/24/2025.
  51. Scheduled Judge: Foster, Hon. Robert B. Event: Ongoing Trial Date: 11/04/2025 Time: 10:00 AM
  52. Post-Trial Brief of Defendant Eastern Building and Contracting LLC, filed.
  53. Plaintiffs' Post Trial Brief, filed.
  54. Event Resulted: Ongoing Trial scheduled on: 11/04/2025 10:00 AM Has been: Held in person Hon. Robert B. Foster, Presiding November 4, 2025. Closing Arguments held. Attorneys Henry Lane, Henry Nydam, Anthony Riley and Scott Ambler appeared. Closing arguments heard. This case is taken under advisement. (Foster, J.)

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