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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-07-25
Status Closed
Type E Filed Zen Enforcement Of Zoning, G.l. Chapter 40 A, 7
Docket 53 entries
Disposition judgment

Parties

Plaintiff Rogers & Company, Inc.
Defendant Town Of Lexington Board Of Appeals|Clifford, Ralph D.|Barnert, Nyles N.|Cohen, Norman P.|Wood, Martha C.|Osten, James|Masterman, Beth|Kinneen, Sean J.|Kinneen, Joanne C.

Lawyers

Docket Entries

  1. Without opposition, the Court AWARDS Rogers $1,826.20 in costs incurred in this case. The Court ORDERS the Kinneens to pay $913.10 to Rogers by August 16, 2024. The Court ORDERS the Lexington Board of Appeals to pay $913.10 to Rogers by August 16, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Pasquarello, Esq. [email protected] Plaintiff: Scott Fink, Esq. [email protected] Defendant: Christina Marshall, Esq. [email protected] Defendant: Kristen R Gagalis, Esq. [email protected] Defendant: Sean J. Kinneen [email protected] Defendant: Joanne C. Kinneen [email protected] Sent On: 08/01/2024 11:45:33
  2. Land Court miscellaneous filing fee Receipt: 442765 Date: 07/25/2023
  3. Land Court surcharge Receipt: 442765 Date: 07/25/2023
  4. Verified Complaint eFiled.
  5. Uniform Counsel Certificate for Civil Cases filed by .
  6. Affidavit of Compliance with Notice requirements of Chapter 40A, Sec. 17 filed by . Daniel J. Pasquarello
  7. The case has been assigned to the F Track. Notice sent.
  8. The Court CONSOLIDATES this matter with a related case, 23 MISC 000233. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Pasquarello, Esq. [email protected] Sent On: 08/01/2023 08:47:37
  9. The Court has consolidated a newly filed case, 23 MISC 000347, with existing case 23 MISC 000233. Unless the Court orders otherwise, the parties shall make all filings in these consolidated cases only under the earlier case, 23 MISC 000233. The Court ORDERS the parties to file by August 11, 2023, a joint statement whether a case-management conference is necessary in light of the newly filed case, or whether the parties are satisfied with completing discovery in both cases by November 3, 2023, with a status conference in both cases to follow on November 9, 2023 (the current schedule in case 23 MISC 000233). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Pasquarello, Esq. [email protected] Sent On: 08/01/2023 08:49:41
  10. Order to Show Cause, issued. (Copies emailed to Attorneys Daniel Pasquarello, Christina Marshall, Kristen Gagalis, and Pro Se Respondents Sean J. Kinneen and Joanne C. Kinneen) Judge: Vhay, Hon. Michael D.
  11. Show Cause Letter from the Kinneens, filed.
  12. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 03/11/2024 Time: 10:00 AM
  13. Event Resulted: Pre-Trial Conference scheduled on: 03/11/2024 10:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  14. Pre-trial videoconference held. Rogers & Co. and the Lexington ZBA appeared through counsel. Mr. Kinneen appeared representing himself. Ms. Kinneen did not appear. After hearing from the parties, the Court ORDERS the parties to appear for trial April 22-24, 2024 beginning with a view in Lexington on April 22, 2024 and continuing at the Land Court in Boston. The Court ORDERS the parties to appear on April 12, 2024 at 10:00 AM for a telephonic final pre-trial conference. A separate order in advance of trial will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Pasquarello, Esq. [email protected] Defendant: Christina Marshall, Esq. [email protected] Defendant: Kristen R Gagalis, Esq. [email protected] Defendant: Sean J. Kinneen [email protected] Defendant: Joanne C. Kinneen [email protected] Sent On: 03/11/2024 12:23:43
  15. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 04/12/2024 Time: 10:00 AM
  16. Scheduled Judge: Vhay, Hon. Michael D. Event: View Date: 04/22/2024 Time: 08:30 AM
  17. Scheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 04/22/2024 Time: 09:30 AM
  18. Scheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 04/23/2024 Time: 09:30 AM
  19. Scheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 04/24/2024 Time: 09:30 AM
  20. Order in Advance of Trial, issued. (Copies emailed to Attorneys Daniel Pasquarello, Christina Marshall, and Kristen Gagalis, and Pro Se Respondents Sean J. Kinneen and Joanne C. Kinneen) Judge: Vhay, Hon. Michael D.
  21. Letter to the Court Regarding Potential Sale of 162 Vine Street, Lexington, filed.
  22. The Court has received Defendants' letter. The Court ORDERS the parties to be prepared at the final pretrial conference to discuss the letter's issues. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Pasquarello, Esq. [email protected] Defendant: Christina Marshall, Esq. [email protected] Defendant: Kristen R Gagalis, Esq. [email protected] Defendant: Sean J. Kinneen [email protected] Defendant: Joanne C. Kinneen [email protected] Sent On: 04/01/2024 10:24:48
  23. Plaintiff's Motion in Limine to Preclude Statements of S. Shinn or References thereto as Hearsay, filed.
  24. Defendant Town of Lexington Board of Appeals Motion in Limine to Exclude Board Member as Trial Witness (Ralph Clifford), filed.
  25. Event Resulted: Telephone Conference Call scheduled on: 04/12/2024 10:00 AM Has been: Rescheduled For the following reason: Request of Defendant(s) Comments: Mr. and Mrs. kinneen Hon. Michael D. Vhay, Presiding
  26. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 04/12/2024 Time: 11:00 AM
  27. Defendants' List of Disputed Facts, filed.
  28. Two Exhibit Binders, received.
  29. Defendant Town of Lexington Board of Appeals' Opposition to Plaintiff's Motion in Limine, filed.
  30. Statement of Agreed Facts, filed.
  31. Defendant Town of Lexington Board of Appeals' Pretrial Brief, filed.
  32. Plaintiff's Proposed Findings of Fact, filed.
  33. Plaintiff's Opposition to Defendant's Motion in Limine to Exclude Board Member as Trial Witness, filed.
  34. Plaintiff's Pretrial Brief Re: Proposed Conclusions of Law, filed.
  35. Event Resulted: Telephone Conference Call scheduled on: 04/12/2024 11:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  36. Telephonic final pre-trial conference held. Rogers & Company and the Town of Lexington Board of Appeals appeared through counsel. Mr. Kinneen appeared representing himself. Ms. Kinneen didn't appear. The Court REMINDS Ms. Kinneen that she must appear at the trial of this case beginning April 22, 2024. The Court postponed decision on the parties' motions in limine until trial, but Rogers & Co. stipulated that it will not allege at trial bad faith or gross negligence regarding the Board's conclusion that the Kinneens' batting cage is not a "structure" under the Lexington Zoning Bylaw. The Court ORDERS the Kinneens to provide to Rogers & Co. and the Board by April 19, 2024 an outline of the topics on which Mr. Kinneen intends to testify at trial. The Court further ORDERS the Kinneens to bring to Court on April 22, 2024 a copy of such outline. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Pasquarello, Esq. [email protected] Defendant: Christina Marshall, Esq. [email protected] Defendant: Kristen R Gagalis, Esq. [email protected] Defendant: Sean J. Kinneen [email protected] Defendant: Joanne C. Kinneen [email protected] Sent On: 04/12/2024 12:20:47
  37. Event Resulted: View scheduled on: 04/22/2024 08:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  38. Event Resulted: Trial scheduled on: 04/22/2024 09:30 AM Has been: Held - First Day of Trial Hon. Michael D. Vhay, Presiding
  39. Event Resulted: Trial scheduled on: 04/23/2024 09:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  40. Appearance of Scott Fink, Esq. for Rogers & Company, Inc., filed
  41. Trial Ends.: Trial scheduled on: 04/24/2024 09:30 AM Has been: Held - Trial Ends Hon. Michael D. Vhay, Presiding
  42. Post -Trial Status Report, filed, filed.
  43. Defendants' Motion to Reopen Evidence and Dismiss, filed.
  44. The Court has received defendants' motion to reopen the record and for dismissal. The Court ORDERS Rogers & Co. to file by May 31, 2024, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Pasquarello, Esq. [email protected] Plaintiff: Scott Fink, Esq. [email protected] Defendant: Christina Marshall, Esq. [email protected] Defendant: Kristen R Gagalis, Esq. [email protected] Defendant: Sean J. Kinneen [email protected] Defendant: Joanne C. Kinneen [email protected] Sent On: 05/23/2024 12:11:56
  45. Plaintiff's Opposition to Motion to Reopen Evidence and Dismiss, filed.
  46. Defendant's Notice of Supplemental Authority, filed.
  47. Findings of Fact and Conclusions of Law (Rule 52, Mass. R. Civ. P.) issued. (Copies emailed to Daniel J Pasquarello, Esq., Scott Fink, Esq., Christina Marshall, Esq., Kristen R Gagalis, Esq., Sean J. Kinneen, and Joanne C. Kinneen.) [mistake found in paragraph numbering, see Corrected Findings of Fact and Conclusions of Law] Judge: Vhay, Hon. Michael D.
  48. Judgment, entered. (Copies emailed to Daniel J Pasquarello, Esq., Scott Fink, Esq., Christina Marshall, Esq., Kristen R Gagalis, Esq., Sean J. Kinneen, and Joanne C. Kinneen.) Judge: Vhay, Hon. Michael D.
  49. CORRECTED Findings of Fact and Conclusions of Law (Rule 52, Mass. R. Civ. P.) issued. (Copies emailed to Daniel J Pasquarello, Esq., Scott Fink, Esq., Christina Marshall, Esq., Kristen R Gagalis, Esq., Sean J. Kinneen, and Joanne C. Kinneen.) [paragraph numbering issue corrected] Judge: Vhay, Hon. Michael D.
  50. Plaintiff's Motion for Entry of Award of Costs, filed.
  51. Affidavit of Counsel Regarding Costs, filed.
  52. The Court has received Rogers & Co.'s motion for entry of award of costs. The Court ORDERS Defendants to file by July 29, 2024, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Pasquarello, Esq. [email protected] Plaintiff: Scott Fink, Esq. [email protected] Defendant: Christina Marshall, Esq. [email protected] Defendant: Kristen R Gagalis, Esq. [email protected] Defendant: Sean J. Kinneen [email protected] Defendant: Joanne C. Kinneen [email protected] Sent On: 07/19/2024 12:37:09
  53. Defendant Town of Lexington Board of Appeal's Response to Plaintiff's Motion for Entry for Award of Costs, filed.

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