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Case Information
Filed
2023-10-23
Status
Open
Type
E Filed Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket
32 entries
Parties
Plaintiff
Young, Steven C.|Young, Caroline P.
Defendant
Planning Board Of The Town Of Hingham|Ellis, Kevin|Carr, Gordon|Da Silva, Rita|Shriver, Tracy|Tondorf Dick, Gary
Lawyers
Docket Entries
- ASE STAYED PER ORDER OF THE COURT UNTIL NOVEMBER 3, 2025. Judge: Reznick, Hon. Lauren E.
- and Court miscellaneous filing fee Receipt: 444962 Date: 10/23/2023
- and Court surcharge Receipt: 444962 Date: 10/23/2023
- ppearance of Stephen James McLaughlin, Esq. for Caroline P. Young, Steven C. Young, Young Family Trust, filed
- niform Counsel Certificate for Civil Cases filed by .
- omplaint (Pursuant to M.G.L.Ch. 41, sec. 81BB), eFiled.
- over letter indicating what is being filed with the court, filed.
- ertificate of Service Upon Town Clerk, filed.
- he case has been assigned to the F Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Stephen James McLaughlin, Esq. [email protected]
- vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 12/07/2023 Time: 10:00 AM Email notice to: Attorney Stephen J. McLaughlin.
- ertificate of Service Upon Planning Board and Planning Board Members, filed.
- efendants' Answer to Complaint, filed.
- oint Statement for Case Management Conference, filed.
- vent Resulted: Case Management Conference scheduled on: 12/07/2023 10:00 AM Has been: Held via telephone. Early Intervention Event held. Attorney Stephen J. McLaughlin appeared for the plaintiff and Attorney Kerry T. Ryan appeared for the municipal defendant. In response to the court's inquiry as to whether the defendant would be amenable to mediation, Attorney Kerry reported that because of the nature of the case and the planning board's involvement, it is unlikely mediation would be fruitful. The court set a tentative discovery deadline of June 7, 2024 and tentatively scheduled a Status Conference for June 12, 2024 at 9:00 a.m. Attorney McLaughlin, who was dropped from the hearing due to technical issues after the discovery deadline was set, may contact Clerk Hayes if he has any objections to either date. Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan. Hon. Jennifer S.D. Roberts, Presiding
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephen James McLaughlin, Esq. [email protected] Defendant: Kerry T Ryan, Esq. [email protected]
- lternative Dispute Resolution: Early Intervention Event held. Judge: Roberts, Hon. Jennifer S.D.
- cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/12/2024 Time: 09:00 AM Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan.
- ummons returned to Court with service on Planning Board of the Town of Hingham, Kevin Ellis Member of the Planning Board of the Town of Hingham, Gordon Carr Member of the Planning Board of the Town of Hingham, Rita DaSilva Member of the Planning Board of the Town of Hingham, Tracy Shriver Member of the Planning Board of the Town of Hingham, Gary Tondorf-Dick Member of the Planning Board of the Town of Hingham filed. As to Planning Board of the Town of Hingham - 01/18/2024: Service by delivering in hand to Carol Falvey, Town Clerk, agent, person in charge at the time of service; As to Kevin Ellis - 01/18/2024: Service at the last and usual place of abode and by mailing 1st class: As to Gordon Carr - 01/18/2024: Service at the last and usual place of abode and by mailing 1st class; As to Rita DaSilva - 01/18/2024: Service at the last and usual place of abode and by mailing 1st class; As to Tracy Shriver - 01/18/2024: Service at the last and usual place of abode and by mailing 1st class; As to Gary Tondorf-Dick - 01/18/2024: Service at the last and usual place of abode and by mailing 1st class.
- vent Resulted: Status Conference scheduled on: 06/12/2024 09:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
- his case has been REASSIGNED to the Hon. Lauren E. Reznick. Please direct further communication to Sessions Clerk Kathleen Hayes at [email protected]. (Piper, C.J.) Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen James McLaughlin, Esq. [email protected] Defendant: Kerry T Ryan, Esq. [email protected]
- cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 01/28/2025 Time: 09:30 AM Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan.
- vent Resulted: Status Conference scheduled on: 01/28/2025 09:30 AM Has been: Held via video..Attorney Stephen J. McLaughlin appeared for plaintiffs, and Attorney Kerry T. Ryan appeared for defendants. Attorney McLaughlin explained that his clients submitted a subdivision proposal to extend an existing private way by approximately 400 feet and create four additional lots. The proposal included a drainage lot, a small unbuildable lot, and improvements to the private way. Attorney McLaughlin acknowledged that plaintiffs' discovery responses are still outstanding but that he is working on promptly sending the responses to opposing counsel. Attorney Ryan explained that even with the improvements proposed to the private way, the planning board determined that the road would be unsafe and would exacerbate already existing issues. Attorney Ryan confirmed he was still awaiting plaintiffs' discovery responses and did not anticipate the need for additional discovery, barring any surprises in plaintiffs' responses. Attorney Ryan was skeptical if mediation would be useful in this situation without any concrete proposals from plaintiffs. Attorney McLaughlin suggested that he would discuss preparing a new proposal with his client and their engineers. The court requested that any new proposal or engineering plans should be exchanged with defendants' counsel by April 30, 2025. After discussion, all discovery should be completed by April 30, 2025. Attorney McLaughlin should submit plaintiffs' responses to discovery with enough time to allow defendants time to review the responses and make a determination as to whether additional discovery will be necessary. A joint status report is also due by April 30, 2025 detailing the status of discovery and whether the parties would like the court to issue an order referring the parties to mediation screening. Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan. Hon. Lauren E. Reznick, Presiding
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephen James McLaughlin, Esq. [email protected] Defendant: Kerry T Ryan, Esq. [email protected]
- oint Status Report (Revised Conceptual Plan received by Plaintiff and being shared with Town's counsel), filed.
- pon consideration of the parties' joint status report requesting an extension for the Town to assess the need for further discovery following receipt of plaintiffs' discovery responses, the request is ALLOWED. The parties shall have an additional 30 days to complete discovery. The Town may move for any necessary extension of the discovery deadline before the close of this extended period; otherwise, discovery will be deemed closed. If the parties decide to engage in mediation they should review the list of court-connected mediation providers available on the court's website (https://www.mass.gov/orgs/land-court), under the "Land Court Mediation" link and select a provider. The parties may then notify Clerk Hayes of their selection, and the court will issue an order referring the case to a free mediation screening with the chosen provider. The court will schedule this matter for a status conference on June 25, 2025 at 10:30 AM via Zoom videoconference. Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen James McLaughlin, Esq. [email protected] Defendant: Kerry T Ryan, Esq. [email protected]
- cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 06/25/2025 Time: 10:30 AM Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan.
- vent Resulted: Status Conference scheduled on: 06/25/2025 10:30 AM Has been: Rescheduled. Court unavailable. Hon. Lauren E. Reznick, Presiding
- cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 06/27/2025 Time: 10:00 AM Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan.
- vent Resulted: Status Conference scheduled on: 06/27/2025 10:00 AM Has been: Held via video. Attorney Stephen J. McLaughlin appeared for plaintiffs, and Attorney Kerry T. Ryan appeared for defendants. The court confirmed that with the parties that discovery is complete. Attorney McLaughlin reported that his client has prepared a revised plan that he believes does not require any waivers. Although plaintiff is open to mediation, the board does not believe that mediation would be productive because a public hearing would be necessary for the board to act on the revised plans. Attorney McLaughlin would like to submit the revised plans under G.L. c. 41, 81U and have the court set specific deadlines for the board to act. Attorney Ryan reported that, after an initial review, it appears the revised plan may still need a waiver and suggested this case be stayed pending plaintiff's submission of a new or modified application to the board for review. The court suggested the option of a joint motion to remand. Attorney Ryan was concerned about imposing deadlines on the board and Attorney McLaughlin wanted to preserve his client's position and legal arguments with regard to the initial denial. After discussion, the court set a deadline of July 11, 2025 for the parties to submit a joint status report detailing their joint proposal for next steps, or if the parties cannot agree, their separate positions. Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan. Hon. Lauren E. Reznick, Presiding
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephen James McLaughlin, Esq. [email protected] Defendant: Kerry T Ryan, Esq. [email protected]
- oint Status Report (requesting a temporary stay until November 3, 2025), filed.
- he parties' joint request for a STAY until November 3, 2025 is ALLOWED. The parties are ORDERED to file a joint written status report on or before November 3, 2025, informing the court of any actions taken by the Planning Board regarding the revised and amended Definitive Subdivision Plans, whether the parties have reached a resolution or if the case will continue, whether this case has been or will be resolved or will proceed, and the parties' proposed next steps and actions to move this case forward. Email notice to: Attorney Stephen J. McLaughlin and Attorney Kerry T. Ryan. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen James McLaughlin, Esq. [email protected] Defendant: Kerry T Ryan, Esq. [email protected]
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