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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2025-01-10
Status Closed
Type Case Transferred From Other Court To The Permit Session
Docket 14 entries

Parties

Plaintiff Temple Emunah, Inc.
Defendant Hornig, Charles|Peters, Robert D.|Creech, Robert|Schanbacher, Michael|Thompson, Melanie|Porter, Phillip|Morgan Point, Llc

Lawyers

Docket Entries

  1. tipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. omplaint filed in the Permit Session.
  3. hief Justice of the Trial Court Order of Transfer dated January 6, 2025.
  4. hilip Porter and Morgan Point, LLC's Answer to Complaint, filed.
  5. nswer of the Town of Lexington Planning Board and its Members, filed.
  6. efendants' G.L. c. 185, sec 3A Motion to Transfer to the Land Court Permit Session, filed.
  7. laintiff Temple Emunah, Inc.'s Opposition to Defendants' Motion to Transfer to the Land Court Permit Session, filed.
  8. he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Anthony A McGuinness, Esq. [email protected] Defendant: Christina Marshall, Esq. [email protected] Defendant: Daniel Dain, Esq. [email protected] Defendant: Abigail S LaFontan, Esq. [email protected] Sent On: 01/13/2025 11:59:28
  9. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 02/12/2025 Time: 10:30 AM Counsel notified via email.
  10. ase Management Conference Joint Statement, filed.
  11. vent Resulted: Case Management Conference scheduled on: 02/12/2025 10:30 AM Has been: Initial Case Management Conference and early intervention event held via Zoom. Attorney Anthony McGuinness appeared on behalf of plaintiff. Attorney Christina Marshall appeared on behalf of the Members of the Town of Lexington Planning Board. Attorneys Dan Dain and Abigail LaFontan appeared on behalf of Philip Porter and Morgan Point, LLC. Court is in receipt of the Complaint, Philip Porter and Morgan Point, LLC's Answer to Complaint, Answer of the Town of Lexington Planning Board and its Members, Defendants' G.L. c. 185, sec 3A Motion to Transfer to the Land Court Permit Session, Plaintiff Temple Emunah, Inc.'s Opposition to Defendants' Motion to Transfer to the Land Court Permit Session, and Case Management Conference Joint Statement. By way of background, Attorney McGuinness explained plaintiff appeals under G.L. c. 40A, 17 from a decision of the Town of Lexington Planning Board approving a site plan and special permit for a proposed development of a 46-unit condominium development in two 3-story buildings with associated parking at 5-7 Piper Road, Lexington (the "Property"). Counsel reported parties have been involved in settlement discussions and remain hopeful that they will reach a negotiated resolution. In the event the parties are unable to achieve a negotiated resolution, court set the following schedule: by July 14, 2025, discovery to be complete, to include any expert designations and disclosures. By July 21, 2025, parties to file a joint status report confirming discovery is complete and advising of any other matters necessitating the court's attention. Status conference scheduled for July 24, 2025, at 9:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  12. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 07/24/2025 Time: 09:30 AM
  13. tipulation of Dismissal, filed.
  14. vent Resulted: Status Conference scheduled on: 07/24/2025 09:30 AM Has been: Canceled For the following reason: Case Closed Hon. Diane R. Rubin, Presiding

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