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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 57 entries

Parties

Plaintiff Kavanagh, Robert|Quebec, Alan W.|Cohen, Ann E.
Defendant Newton Zoning Board Of Appeals|Rossi, Michael J.|Lipsitt, Brooke K.|Mc Laughlin, William M.|Sweet, Elizabeth|Pucci, Jennifer|78 Crafts Street Newton Llc

Lawyers

Docket Entries

  1. tipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. ivil action cover sheet filed.
  3. otion to Amend Count 6 of the Plaintiffs' Complaint Under MASS. R. CIV. P. Rule 15, filed.
  4. opy of Docket Entry from Middlesex Superior Court Case 2481CV02954: "Endorsement on Motion to Amend Count 6 of Plaintiff's Complaint. Motion to Amend complaint under MRCP Rule 15 is (#3.0): ALLOWED However, Plaintiff is directed to submit to the Court and to Defendants a complete Amended Complaint. Judge: Barry-Smith, Hon. Christopher K"
  5. efendants' Unopposed Motion to Join, or, in the Alternative, to Intervene, filed.
  6. mended Complaint, filed.
  7. opy of Docket Entry from Middlesex Superior Court Case 2481CV02954: "Endorsement on Motion to Join, Or, In The Alternative, To Intervene (Unopposed) (#4.0): ALLOWED Unopposed motion is ALLOWED. 78 Crafts Street Newton LLC shall be allowed to intervene as a defendant in this matter. Dated December 10, 2024, and notices mailed. Judge: Fraser, Hon. John C"
  8. ppearance of John F White, III, Esq. for 78 Crafts Street Newton LLC, filed
  9. ppearance of Kevin Patrick O'Flaherty, Esq. for 78 Crafts Street Newton LLC, filed
  10. ppearance of Mariana Korsunsky, Esq. for 78 Crafts Street Newton LLC, filed
  11. hief Justice of the Trial Court Order of Transfer dated January 6, 2025
  12. ase transferred to the Permit Session.
  13. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  14. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 02/07/2025 Time: 10:30 AM
  15. efendant 78 Crafts Street Newton LLC's Motion for Bond, filed. (Courtesy copy received)
  16. emorandum of Law in Support of Defendant 78 Crafts Street Newton LLC's Motion for Bond, filed. (Courtesy copy received)
  17. ffidavit of Michela DeSantis, filed. (Courtesy copy received)
  18. ffidavit of Mark Deschenes, filed. (Courtesy copy received)
  19. he case has been assigned to the F Track. Notice sent. Judge: Smith, Hon. Kevin T. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Peter F Harrington, Esq. [email protected] Defendant: Jonah Temple, Esq. [email protected] Defendant: Kristen N Annunziato, Esq. [email protected] Defendant: Kevin Patrick O'Flaherty, Esq. [email protected] Defendant: Mariana Korsunsky, Esq. [email protected] Defendant: John F White, III, Esq. [email protected] Sent On: 01/28/2025 14:24:42
  20. cheduled Judge: Smith, Hon. Kevin T. Event: Defendant 78 Crafts Street Newton LLC's Motion for Bond Date: 02/07/2025 Time: 10:30 AM
  21. oint Case Management Conference Statement, filed.
  22. vent Resulted: Motion scheduled on: 02/07/2025 10:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding
  23. vent Resulted: Case Management Conference scheduled on: 02/07/2025 10:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding
  24. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 02/07/2025 Time: 02:00 PM (Counsel notified via email on 02/04/2025)
  25. cheduled Judge: Smith, Hon. Kevin T. Event: Defendant 78 Crafts Street Newton LLC's Motion for Bond Date: 02/07/2025 Time: 02:00 PM (Counsel notified via email on 02/04/2025)
  26. efendant Newton Zoning Board of Appeals' Memorandum in Support of Co-Defendant's Motion for a Bond, filed.
  27. laintiffs' Opposition to Intervenor's (78 Crafts Street Newton LLC) Request for a $250,000.00 Bond, filed (via email).
  28. vent Resulted: Motion scheduled on: 02/07/2025 02:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding
  29. vent Resulted: Case Management Conference scheduled on: 02/07/2025 02:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding February 7, 2025. Case Management Conference and Motion Hearing held via videoconference. Early intervention event held. Attorney Peter Harrington appeared on behalf of the Plaintiffs, Robert Kavanagh, Alan Quebec, and Ann Cohen. Attorney Kristen Annunziato appeared on behalf of Defendant Newton Zoning Board of Appeals (ZBA) and its members. Attorneys Mariana Korsunsky and Kevin O'Flaherty appeared on behalf of the Defendant Developer, 78 Crafts Street Newton, LLC. This is an appeal under c. 40A of a decision by the Newton ZBA to grant a comprehensive permit to Defendant 78 Crafts Street Newton, LLC to construct a residential apartment complex in Newton. The Plaintiffs have also asserted claims relating to the Newton zoning bylaws and free speech under the United States' and Massachusetts' Constitutions. Before the court is the private Defendant's Motion to Post Appeal Bond. Attorney Korsunsky argued the Motion for the Defendant Developer. Counsel for the ZBA did not join in the Motion, but provided a memorandum in support. The Plaintiffs oppose this motion, which was argued by Attorney Harrington. Following colloquy, the court deferred ruling on the motion, citing the need for additional evidence. The court ordered counsel for both parties to supplement their respective filings; for Attorney Korsunsky, to provide evidence of the developer's additional costs that will be incurred as a result of the Plaintiffs' appeal; and for Attorney Harrington to provide evidence of the Plaintiffs' respective financial abilities to post a bond. These filings are due to the court by Friday, February 21, 2025. Counsel for the Defendant Developer indicated an intent to file a Motion to Dismiss for lack of standing after the court's ruling on the Motion to Post Appeal Bond. In the meantime, the court set the following discovery schedule based on the Defendants' proposed deadlines: designation of expert witnesses and disclosure of expected testimony is due by June 30, 2025; fact discovery is to be completed by July 31, 2025. The court scheduled a status conference for Friday, August 15, 2025, at 10:00 a.m. via videoconference. (Smith, J.).
  30. lternative Dispute Resolution: Early Intervention Event held. Judge: Smith, Hon. Kevin T.
  31. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Peter F Harrington, Esq. [email protected] Defendant: Jonah Temple, Esq. [email protected] Defendant: Kristen N Annunziato, Esq. [email protected] Defendant: Kevin Patrick O'Flaherty, Esq. [email protected] Defendant: Mariana Korsunsky, Esq. [email protected] Defendant: John F White, III, Esq. [email protected] Sent On: 02/11/2025 13:57:15
  32. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 08/15/2025 Time: 10:00 AM
  33. emorandum of Law in further support of Defendant 78 Crafts Street Newton LLC's Motion for Bond, filed.
  34. ffidavit of Kevin P. O'Flaherty, Esq., filed.
  35. ffidavit of John K. Anderson, filed.
  36. laintiffs' Supplemental Memorandum in Opposition to Intervenor's (78 Crafts Street Newton LLC) Request for a $250,000.00 Bond, filed.
  37. ffidavit (of Robert Kavanagh), filed.
  38. ffidavit (of Alan W. Quebec), filed.
  39. laintiff Ann E. Cohen's Motion to Withdraw, filed.
  40. ebruary 26, 2025. Plaintiff Ann E. Cohen's Motion to Withdraw, ALLOWED. Ann E. Cohen's accompanying Affidavit, which she requested be sealed, will not be docketed and will be returned to Attorney Peter Harrington. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Peter F Harrington, Esq. [email protected] Defendant: Jonah Temple, Esq. [email protected] Defendant: Kristen N Annunziato, Esq. [email protected] Defendant: Kevin Patrick O'Flaherty, Esq. [email protected] Defendant: Mariana Korsunsky, Esq. [email protected] Defendant: John F White, III, Esq. [email protected] Sent On: 02/26/2025 11:21:21
  41. ecision on Motion for Bond, issued. (Copies emailed to Attorneys Peter Harrington, Jonah Temple, Kristen Annunziato, Kevin O'Flaherty, Mariana Korsunsky, and John White) Judge: Smith, Hon. Kevin T.
  42. efendant 78 Crafts Street Newton LLC's Motion to Dismiss, filed. (Courtesy copy received)
  43. emorandum of Law in support of Defendant 78 Crafts Street Newton LLC's Motion to Dismiss, filed. (Courtesy copy received)
  44. ffidavit of Mariana Korsunsky, Esq., filed. (Courtesy copy received)
  45. tatement of Material Facts in support of Defendant 78 Crafts Street Newton LLC's Motion to Dismiss under Mass. R. Civ. P. 12(b)(1), filed. (Courtesy copy received)
  46. ppendix of Documents in support of Defendant 78 Crafts Street Newton LLC's Motion to Dismiss, filed. (Courtesy copy received)
  47. otice of Appeal by Robert Kavanagh, Alan W. Quebec to the Appeals Court filed.
  48. otice of Service of Notice of Appeal sent to Kristen N Annunziato, Esq., Mariana Korsunsky, Esq.
  49. efendant 78 Craft Street LLC's Motion to Dismiss for Plaintiffs' Failure to File Bond, filed.
  50. emorandum of Law in opposition to 78 Craft Street Newton LLC's Motion to Dismiss, filed.
  51. cheduled Judge: Smith, Hon. Kevin T. Event: Motion to Dismiss Date: 04/23/2025 Time: 10:30 AM
  52. mailed report of Plaintiff's counsel, received. Attorney Harrington would like to continue the Motion to Dismiss hearing scheduled for April 23, 2025 for a short period of time due to a conflict he has with the date.
  53. vent Resulted: Motion to Dismiss scheduled on: 04/23/2025 10:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding (Counsel notified via email on 04/15/2025)
  54. cheduled Judge: Smith, Hon. Kevin T. Event: Motion to Dismiss Date: 04/25/2025 Time: 10:00 AM
  55. tipulation of Dismissal with Prejudice, filed.
  56. vent Resulted: Motion to Dismiss scheduled on: 04/25/2025 10:00 AM Has been: Canceled For the following reason: Case Closed Hon. Kevin T. Smith, Presiding
  57. vent Resulted: Status Conference scheduled on: 08/15/2025 10:00 AM Has been: Canceled For the following reason: Case Closed Hon. Kevin T. Smith, Presiding

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