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Case Information
Filed
2023-03-27
Status
Closed
Type
Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket
35 entries
Disposition
judgment of dismissal
Parties
Plaintiff
Clinton, Marjorie|Linder, Denise A.|Moore, Douglas P.|Martin, James|Callahan, Jr., Robert J.|Thomas, Stephanie C.|Thomas, Barbara A.|Thomas, Jr., Norman|Galante, Melanie J.|Galante, W.scott
Defendant
Chaplin, Stephen J.|Town Of Hopedale Planning Board|Chase, Christopher|Costanza, Michael|Hasanoglu, Kaplan|Khokhar, Jimmy|The Town Of Hopedale|Hazard, Glenda|Savage, Scott|Stock, Bernard|Black Brook Realty Corp.|Lima, Ricardo
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Fast Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 439506 Date: 03/27/2023
- and Court surcharge Receipt: 439506 Date: 03/27/2023
- and Court summons Receipt: 439506 Date: 03/27/2023
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Mark S Bourbeau, Esq. [email protected] Plaintiff: Jeffrey Hunt Katzenstein, Esq. [email protected] Sent On: 04/05/2023 12:15:13
- vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 05/18/2023 Time: 10:30 AM Counsel notified via email.
- ppearance of Robin Stein, Esq., Eric M Barth, Esq. for Stephen J. Chaplin member of Town of Hopedale Planning Board, Town of Hopedale Planning Board, Christopher Chase member of Town of Hopedale Planning Board, Michael Costanza member of Town of Hopedale Planning Board, Kaplan Hasanoglu member of Town of Hopedale Planning Board, Jimmy Khokhar member of Town of Hopedale Planning Board, The Town of Hopedale acting by/ through Town of Hopedale Select Board, Glenda Hazard member of Town of Hopedale Select Board, Brian Keyes member of Town of Hopedale Select Board, Bernard Stock member of Town of Hopedale Select Board, filed
- ummons returned to Court with service on Town of Hopedale Planning Board filed. Served in hand to Lisa Pedroli, agent, person charge at the time of service for Town of Hopedale - Town Clerk's Office and Stephen Chaplin, Chair - Town of Hopedale Planning Board on April 20, 2023.
- cceptance of Service of Process on behalf of defendant Black Brook Realty Corp., filed.
- nswer of the Town of Hopedale Planning Board and Town of Hopedale, filed.
- nswer of Black Brook Realty Corp., and Ricardo Lima to Complaint, filed.
- oint Case Management Memorandum, filed.
- vent Resulted: Case Management Conference scheduled on: 05/18/2023 10:30 AM Has been: Case management conference held via videoconference. Attorneys Mark Bourbeau and Jeffrey Katzenstein appeared on behalf of the plaintiffs, Attorney Robin Stein appeared on behalf of the municipal defendants, and Attorney Michael Brangwynne appeared on behalf of the private defendants, with Ricardo Lima present. Court is in receipt of the parties' Joint Case Management Memorandum. By way of background, Attorney Bourbeau advised that this is an appeal, pursuant to G.L. c. 41, 81BB of the decision of the Hopedale Planning Board to approve a subdivision plan for Hopedale Ridge, which would have frontage and access on an unpaved portion of Overdale Parkway, which is public parkland. Court then requested clarification as to the relief sought in Count II of the Complaint (for declaratory relief under G.L. c. 231A, 1), particularly how it differs from the currently pending Superior Court Case No. 2385 CV 00037, which challenges a purported agreement wherein the Town granted rights to private defendants to use Overdale Parkway, and whether this case should be consolidated with the Superior Court Case. Attorneys Stein and Brangwynne advised that, based on any clarification, they may intend to file motions to dismiss Count II, either for prior pending action or on other grounds. Following colloquy and by June 20, 2023, plaintiffs to file an Amended Complaint, clarifying the relief sought under Count II, and the bases therefore. Further case management conference scheduled for June 27, 2023, at 2:30 P.M., with counsel to be prepared to provide an update on the status of the Superior Court Case and defendants to advise how they intend to proceed based on the Amended Complaint. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 06/27/2023 Time: 02:30 PM
- mended Complaint, filed.
- vent Resulted: Case Management Conference scheduled on: 06/27/2023 02:30 PM Has been: Status conference held via videoconference. Attorneys Mark Bourbeau and Jeffery Tocchio appeared on behalf of the plaintiffs, Attorney Robin Stein appeared on behalf of the municipal defendants, and Attorney Michael Brangwynne appeared on behalf of the private defendants, with Ricardo Lima present. Court is in receipt of the Amended Complaint. Court discussed with counsel the claims in the Amended Complaint, with Count I an appeal under G.L. c. 41, 81BB and Count II seeking declaratory judgment under G.L. c. 231A, 1. Court further inquired whether it may be prudent to consolidate this case with the Superior Court case (No. 2385 CV 00037), or stay this case pending resolution of the Superior Court case, which raises issues akin to those set forth in Count II regarding the Town's authority. Attorneys Stein and Brangwynne each advised that they prefer to first pursue motions to dismiss. Following colloquy, court put in place the following briefing schedule: By July 6, 2023, Plaintiff to file a Second Amended Complaint naming the Private Defendants, who were inadvertently dropped from the Amended Complaint, as parties. Defendants to file any Motions to Dismiss within 45 days of the filing of the Second Amended Complaint, with briefing in accordance with Land Court Rule 4 and any party to request a hearing, if they so choose. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- econd Amended Complaint, filed.
- efendants' Black Brook Realty Corp.'s and Ricardo Lima's Motion to Dismiss, filed.
- efendants' Black Brook Realty Corp.'s and Ricardo Lima's Memorandum of Law In Support of Motion to Dismiss, filed.
- esponse by the Town of Hopedale Planning Board and Town of Hopedale to Defendants' Black Brook Realty Corp.'s and Ricardo Lima's Motion to Dismiss, filed.
- laintiffs' Memorandum in Opposition to Defendants Black Brook Realty Corp., and Ricardo Lima's Motion to Dismiss, filed. (Courtesy Copy filed 1/30/2024)
- efendants Black Brook Realty Corp.'s and Ricardo Lima's Brief in Reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss, filed.
- esponse by the Town of Hopedale Planning Board and Town of Hopedale Defendants' Black Brook Realty Corp.'s and Ricardo Lima's Brief in Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss, filed.
- equest for Hearing, filed.
- cheduled Judge: Rubin, Hon. Diane R. Event: Motion to Dismiss Date: 02/01/2024 Time: 09:30 AM
- vent Resulted: Motion to Dismiss scheduled on: 02/01/2024 09:30 AM Has been: Hearing on motion to dismiss. Attorney Mark Bourbeau appeared on behalf of the plaintiffs, Attorney Robin Stein appeared on behalf of the municipal defendants, and Attorney Michael Brangwynne appeared on behalf of the private defendants Court is in receipt of (1) Second Amended Complaint; (2) Defendants' Black Brook Realty Corp.'s and Ricardo Lima's Motion to Dismiss along with a memorandum in support thereof; (3) Response by the Town of Hopedale Planning Board and Town of Hopedale to Defendants' Black Brook Realty Corp.'s and Ricardo Lima's Motion to Dismiss; (4) Defendants Black Brook Realty Corp.'s and Ricardo Lima's Brief in Reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss; (5) and Response by the Town of Hopedale Planning Board and Town of Hopedale Defendants' Black Brook Realty Corp.'s and Ricardo Lima's Brief in Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss. Following argument, court to take the matter under advisement. Hon. Diane R. Rubin, Presiding
- emorandum and Order on Defendants' Motions to Dismiss, issued. (Copies emailed to Attorneys Mark Bourbeau, Jeffrey Katzenstein, Robin Stein, Eric Barth, Michael Brangwynne, and Nisha Cocchiarella) [Errors found in original Memo and Order, please see Corrected version issued on November 15, 2024] Judge: Rubin, Hon. Diane R.
- udgment entered. (Copies emailed to Attorneys Mark Bourbeau, Jeffrey Katzenstein, Robin Stein, Eric Barth, Michael Brangwynne, and Nisha Cocchiarella) Judge: Rubin, Hon. Diane R.
- udgment of Dismissal - Mass.R.Civ.P.41(b)(2).
- ORRECTED Memorandum and Order on Defendants' Motions to Dismiss, issued. (Copies emailed to Attorneys Mark Bourbeau, Jeffrey Katzenstein, Robin Stein, Eric Barth, Michael Brangwynne, and Nisha Cocchiarella) [Corrects the errors found in the original Memo and Order] Judge: Rubin, Hon. Diane R.
- otice of Appeal by Marjorie Clinton, Denise A. Linder, Douglas P. Moore, James Martin, Robert J. Callahan, Jr., Stephanie C. Thomas, Barbara A. Thomas, Norman Thomas, Jr., Melanie J. Galante, W.Scott Galante to the Appeals Court filed.
- otice of Service of Notice of Appeal sent to Robin Stein, Esq., Eric M Barth, Esq., Nisha Koshy Cocchiarella, Esq., Michael E Brangwynne, Esq. Sent via email.
- laintiffs' Notice of Transcript Order for Appeal, filed.
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