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Case Information
Filed
2023-10-25
Status
Closed
Type
E Filed Zen Enforcement Of Zoning, G.l. Chapter 40 A, 7
Docket
38 entries
Disposition
judgment
Parties
Plaintiff
Town Of West Boylston
Defendant
Gabriel, Justin
Lawyers
Docket Entries
- tipulation of Dismissal of Complaint for Contempt, filed.
- erified Complaint eFiled.
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- and Court miscellaneous filing fee Receipt: 445061 Date: 10/25/2023
- and Court surcharge Receipt: 445061 Date: 10/25/2023
- ase assigned to the Fast Track per Land Court Standing Order 1:04.
- laintiff's Motion for a Preliminary Injunction, filed.
- laintiff's Memorandum of Law in Support of its Motion for Preliminary Injunction, filed.
- roposed Order, filed.
- laintiff's Motion for a Short Order of Notice, filed.
- ase Assigned to Chief Justice Piper.
- he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: A. Alexander Weisheit, Esq. [email protected] Plaintiff: Devan C Braun, Esq. [email protected] Sent On: 10/27/2023 09:52:49
- ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Piper, Hon. Gordon H. Event: Hearing on Preliminary Injunction Date: 11/08/2023 Time: 02:15 PM (via videoconference)
- ctober 30, 2023. Short Order of Notice ALLOWED. Summons to issue for a hearing on plaintiff's motion for preliminary injunction on November 8, 2023 at 2:15 pm on ZOOM videoconference. Plaintiff is to serve the summons, complaint, ZOOM codes, and the motion for preliminary injunction as to be received by the defendant not later than Wednesday, November 1, 2023 if the hearing is to go forward on November 8, 2023 (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice sent via email on October 30, 2023 to: Plaintiff: Devan C Braun, Esq. [email protected] Plaintiff: A. Alexander Weisheit, Esq. [email protected]
- he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: A. Alexander Weisheit, Esq. [email protected] Plaintiff: Devan C Braun, Esq. [email protected] Sent On: 10/31/2023 09:36:40
- vent Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 11/21/2023 Time: 12:00 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Devan C Braun, Esq. [email protected] Plaintiff: A. Alexander Weisheit, Esq. [email protected] Sent On: 10/31/2023 09:41:20
- ummons returned to Court with service on Justin Gabriel filed. Service on October 31, 2023 at last and usual place of abode.
- vent Resulted: Hearing on Preliminary Injunction scheduled on: 11/08/2023 02:15 PM Has been: Held via video Hon. Gordon H. Piper, Presiding November 8, 2023. Hearing held, pursuant to short order of notice issued October 30, 2023, on plaintiff's application for preliminary injunction, via videoconference. Attorneys Alexander Weisheit, Esq. and Devan Braun, Esq. appeared. Defendant Justin Gabriel appeared on his own behalf. Attorney Weisheit reported that the parties had reach a settlement agreement in principle. The parties intend to memorialize their settlement in an agreement for judgment that will be submitted to the court with a Motion for Approval of Agreement for Judgment pursuant to Land Court Rule 10. Considering this development, the court treats the plaintiff's request for preliminary injunction as withdrawn, no party objecting. Mr. Gabriel indicated his assent to the proposed agreement for judgment and indicated that although no attorney has filed an appearance on his behalf in this action, he has counsel that is prepared to review any agreement for judgment prepared by plaintiff's counsel. Attorney Weisheit informed the court that he expected to deliver a draft agreement for judgment to Mr. Gabriel, for his own and his counsel's review, by Friday, November 10, 2023, and that the agreement for judgment and corresponding motion under for approval Land Court Rule 10 will be filed soon thereafter. (Piper. C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: A. Alexander Weisheit, Esq. [email protected] Plaintiff: Devan C Braun, Esq. [email protected] Sent On: 11/09/2023 09:52:51
- vent Resulted: Case Management Conference scheduled on: 11/21/2023 12:00 PM Has been: Canceled Hon. Gordon H. Piper, Presiding Counsel notified by email on 11/17/2023.
- laintiff's Motion to Re-Instate Motion for Preliminary Injunction, filed.
- otice of Docket Entry: December 11, 2023. The court is in receipt of the filings made by the plaintiff municipality advising the court that, contrary to the expectation related to the court at the hearing on plaintiff's motion for preliminary injunction on November 8, 2023, the parties have not been able to arrive at an agreement for judgment in this case. Plaintiff asks the court to resume consideration of the motion for injunction. Defendant is to file and serve, so as to be received not later than Tuesday, December 19, 2023, written opposition to the motion for preliminary injunction. Based on its review of the filings, the court will act on the motion without hearing unless otherwise ordered. The parties are to hold Wednesday, December 27, 2023 at 10:00 am for a hearing via ZOOM on the renewed motion for preliminary injunction, should the court determine that a hearing is indicated. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: A. Alexander Weisheit, Esq. [email protected] Plaintiff: Devan C Braun, Esq. [email protected] Sent On: 12/11/2023 18:44:31
- earing Notice issued on Application for Preliminary Injunction. Judge: Piper, Hon. Gordon H. Event: Hearing on Preliminary Injunction Date: 12/27/2023 Time: 10:00 AM (on ZOOM) Notice of event and ZOOM access information sent to counsel via email on 12/11/2023. Summons issued 12/12/2023.
- ummons returned to Court with service on Justin Gabriel filed. Service on December 14, 2023 at last and usual place of abode.
- vent Resulted: Hearing on Preliminary Injunction scheduled on: 12/27/2023 10:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding December 27, 2023. Hearing held via videoconference on the Town of West Boylston's renewed motion for preliminary injunction. Mr. Weisheit and Mr. Braun appeared for the plaintiff Town, the moving party. Defendant Gabriel appeared representing himself. The parties advised the court that they have reached an agreement in principle to resolve consensually this zoning enforcement action; the defendant has agreed to take down and relocate the structure on his property of which the municipality complains. Municipal counsel today has sent to the defendant a revised form of an agreement for judgment intended to reflect the terms under which the agreed resolution will take place, including the removal of the structure from the site on or before April 15, 2024. The defendant affirmed that the outline of the settlement provided to the court by municipal counsel was consistent with defendant's understanding of what he had agreed to; defendant intends immediately to review the draft agreement for judgment and to have his counsel review it promptly. The parties are ordered to continue to work with all diligence, in the utmost good faith, to resolve the form and substance of the agreement for judgment and to execute it and submit it to the court as soon as it is executed. If, despite their concerted good faith efforts, the parties are not by then able to enter into and file the agreement for judgment, the parties by January 13, 2024 are to submit a report indicating that the parties have not yet executed the agreement for judgment, and that either (a) they are continuing to make progress toward agreement; or (b) they do not believe they will be able to execute a signed agreement for judgment. In any event, unless a signed agreement for judgment has been submitted, the parties are to appear by ZOOM teleconference with the court on Tuesday, January 23, 2024 at 11:20 am for further hearing on the Town's motion for preliminary injunction. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: A. Alexander Weisheit, Esq. [email protected] Plaintiff: Devan C Braun, Esq. [email protected] Sent On: 12/27/2023 15:46:44 Notice of event and ZOOM access information sent via mail on 12/27/2023 to: Defendant: Justin Gabriel 57 Goodale Street, West Boylston, MA 01583
- cheduled Judge: Piper, Hon. Gordon H. Event: Further hearing on renewed motion for preliminary injunction Date: 01/23/2024 Time: 11:20 AM (via videoconference) Notice of Event was generated and sent to: Plaintiff: Devan C Braun, Esq. [email protected] Plaintiff: A. Alexander Weisheit, Esq. [email protected] Sent On: 12/27/2023 16:00:59 Notice of event and ZOOM access information sent via mail on 12/27/2023 to: Defendant: Justin Gabriel 57 Goodale Street, West Boylston, MA 01583
- greement for Judgment filed by Justin Gabriel and Town of West Boylston.
- vent Resulted: Hearing scheduled on: 01/23/2024 11:20 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Gordon H. Piper, Presiding
- rder Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorneys Devan Braun and A. Alexander Weisheit) Judge: Piper, Hon. Gordon H.
- greement for Judgment approved by the Court.
- erified Complaint for Contempt, eFiled.
- etition for Appointment of Receiver, filed.
- roposed Order on Receiver, filed.
- ummons and Hearing Notice issued on Complaint for Contempt. Judge: Piper, Hon. Gordon H. Event: Initial non-evidentiary hearing on Complaint for Contempt Date: 05/29/2024 Time: 12:00 PM (by ZOOM)
- ummons returned to Court with service on Justin Gabriel filed. Service on May 24, 2024 at last and usual place of abode.
- vent Resulted: Hearing on Complaint for Contempt scheduled on: 05/29/2024 12:00 PM Has been: Held via video Hon. Gordon H. Piper, Presiding May 29, 2024. Initial hearing held on plaintiff's Complaint for Contempt via videoconference. Attorney Alexander Weisheit, Esq. appeared for the plaintiff. Defendant Justin Gabriel appeared on his own behalf. This case, resolved by an Order Approving Agreement for Judgment issued on January 22, 2024, was a zoning enforcement action initiated by the Town of West Boylston seeking judicial enforcement of the Town's enforcement order, ("Enforcement Order") dated April 26, 2023, requiring the defendant to demolish an unlawfully constructed large garage ("Garage") on the defendant's property at 57 Goodale Street, West Boylston, Massachusetts ("Property"). The zoning status of the Garage was the subject of prior proceedings in this court, which resulted in a final judgment, see Gabriel v. West Boylston Zoning Bd. of Appeals, 19 MISC 000007. Previously in this action, the plaintiff filed motions for preliminary injunction against the defendant, but in both instances, the parties reached a consensual agreement as to demolition of the Garage that removed the need for court action on the preliminary injunction motions. The parties jointly filed an Agreement for Judgment on January 12, 2024, which was approved by order of the court on January 22, 2024. The Agreement for Judgment contemplated that defendant Justin Gabriel would remove the Garage from the Property by April 15, 2024, after having secured necessary permits. The plaintiff filed its verified complaint for contempt on April 25, 2024, contending that the defendant had not complied with the Agreement for Judgment and that the Garage still stands. The defendant conceded that he had not complied with the agreement for judgment. However, the defendant detailed for the court that he had arranged for sale of the Garage and its components to a third-party who would also deconstruct and remove the Garage and its components. Defendant noted that deconstruction efforts would begin within days, and that the third-party committed to complete the deconstruction and removal by June 22, 2024. Further, defendant contended that he did not need to comply with the section of the Agreement for Judgment that required him to obtain a demolition permit from the Town building commissioner, because he was having the building deconstructed rather than demolished and because no utilities had been installed in the Garage. Defendant also informed the court that he provided this information to Attorney Weisheit the morning of the hearing. Attorney Weisheit opined that, without having had the opportunity to consult with the Town on such short notice after receiving this update from the defendant, he was fairly certain the Town would require some type of permit for the work defendant planned to undertake to remove the Garage. The court noted that the defendant in this case repeatedly has offered last-minute resolutions when the plaintiff sought court intervention in this case, including in the most recent instance where the defendant informed the Town of his planned deconstruction many weeks after the deadline for removal of the Garage as set in the Agreement for Judgment. Parties are to confer and submit to the court by June 3, 2024 a joint agreement indicating what type of permit the defendant will be required to obtain from the town, and on a timeline including specific dates by which the deconstruction and removal of the Garage and its components are to be completed. The report to indicate what fines or penalties may be assessed against the defendant for his failure to comply with the agreed-to deadlines in the report, per diem. Should the parties be unable to reach agreement on those fees and penalties, the parties are to submit their competing proposals, which the court will review and act upon, without further hearing unless otherwise ordered. (Piper, C.J.)
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: A. Alexander Weisheit, Esq. [email protected] Plaintiff: Devan C Braun, Esq. [email protected] Sent On: 06/03/2024 13:49:29
- tatus Report, filed.
- otice of Docket Entry: June 5, 2024. Upon review of the June 4, 2024 status report filed by counsel for the municipal plaintiff, the parties are directed to file on June 24, 2024 a further detailed written report, setting forth the status of the project to remove the garage structure from the property at 57 Goodale Street. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: A. Alexander Weisheit, Esq. [email protected] Plaintiff: Devan C Braun, Esq. [email protected] Sent On: 06/05/2024 10:43:13
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