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Case Information
Filed
2022-08-09
Status
Open
Type
Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket
37 entries
Parties
Plaintiff
Fod, Llc
Defendant
Planning Board Of The Town Of Mansfield
Lawyers
Docket Entries
- November 29, 2024. Regarding Attorney Lanza's emailed request for clarification: The remand order applied only to the parties in the Land Court case. The action by the abutters is a new action. They are not bound by the remand order. (Smith, J.). Judge: Smith, Hon. Kevin T. (Counsel notified via email on 12/02/2024)
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 433143 Date: 08/09/2022
- Land Court surcharge Receipt: 433143 Date: 08/09/2022
- Land Court summons Receipt: 433143 Date: 08/09/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Mark J Lanza 9 Damonmill Square, Suite 4A4, Concord, MA 01742 Defendant: Planning Board of the Town of Mansfield No addresses available Sent On: 08/25/2022 11:14:23
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 10/05/2022 Time: 11:15 AM
- Appearance of Paul R DeRensis, Esq., Noemi Kawamoto, Esq. for Planning Board of the Town of Mansfield, filed
- Answer of Planning Board of the Town of Mansfield filed.
- Summons returned to Court with service on Planning Board of the Town of Mansfield filed. Sent by certified mail on September 23, 2022.
- Joint Case Management Conference Statement, filed (by email).
- Event Resulted: Case Management Conference scheduled on: 10/05/2022 11:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding October 5, 2022. Case management conference held via videoconference. Early intervention event held. Attorney Mark Lanza appeared for the plaintiff. Attorney Noemi Kawamoto appeared for the defendants. The plaintiffs have brought this action under G. L. c. 41, 81BB, appealing the decision of the defendant Town of Mansfield Planning Board denying approval for plaintiff's proposed subdivision. The parties indicated to the court that mediation would not be a worthwhile course of action at this time. Following colloquy, the court ordered that plaintiff must disclose expert witnesses by December 16, 2022, defendants must disclose expert witnesses by February 10, 2023, and all fact and expert discovery must be completed by April 3, 2023. The court scheduled a status conference for April 18, 2023, at which time the parties will discuss whether mediation is appropriate and, if not, set a trial date. (Smith, J.).
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/25/2023 Time: 10:30 AM
- Event Resulted: Status Conference scheduled on: 04/25/2023 10:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding April 25, 2023. Status conference held via videoconference. Attorney Mark Lanza appeared for the plaintiff. Attorney Noemi Kawamoto appeared for the defendant. The parties informed the court that discovery is complete. Attorney Mark Lanza stated that the plaintiff would be willing to have the court decide this matter on a case stated as opposed to a trial. Attorney Kawamoto requested time to discuss with the defendant whether it is agreeable to this approach. Following discussion, the court ordered the parties to provide a joint status update by May 19, 2023, informing the court whether the parties agree to submit this matter to the court as a case stated or whether the court will have to schedule a trial. In the event that the parties are in agreement, the joint status report should include an agreed briefing schedule. If there is no agreement, defendants' counsel is encouraged to inform the court prior to the May 19, 2023 deadline. (Smith, J.).
- Assented-to Motion to Extend Deadline (to file joint status report), filed by email.
- Notice of Docket Entry: May 17, 2023. Assented-to Motion to Extend Deadline (to file a Joint Status Report) is ALLOWED. Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza 9 Damonmill Square, Suite 4A4, Concord, MA 01742 Defendant: Paul R DeRensis, Esq. [email protected] Defendant: Noemi Kawamoto, Esq. [email protected] Sent On: 05/17/2023 12:11:02
- Joint Status Report, filed.
- Joint Motion to Extend Case Stated Filing Deadlines, filed.
- July 28, 2023. Joint Motion to Extend Case Stated Filing Deadlines ALLOWED (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza 9 Damonmill Square, Suite 4A4, Concord, MA 01742 Defendant: Paul R DeRensis, Esq. [email protected] Defendant: Noemi Kawamoto, Esq. [email protected] Sent On: 08/03/2023 12:49:26
- Plaintiff's Case Stated Brief, filed.
- Joint Statement of Facts, filed.
- Joint Exhibit A - Town of Mansfield Subdivision Regulations, filed.
- Memorandum of the Town of Mansfield Planning Board in Support of Case Stated, filed.
- Plaintiff's Reply Brief in Response to the Town of Mansfield Planning Board's Memorandum in Support of Case Stated, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Case Stated Date: 03/04/2024 Time: 09:00 AM
- Event Resulted: Case Stated scheduled on: 03/04/2024 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding March 4, 2024. Case stated hearing held via videoconference. Attorney Mark Lanza appeared for the plaintiff. Attorney Noemi Kawamoto appeared for the defendant. Attorney Lanza argued that the Planning Board acted arbitrarily and capriciously in denying FOD's requests for waivers from the subdivision control regulations because the denials were not based on public interest or consistency with the subdivision control law, but rather the improper criteria of avoiding setting precedent. Attorney Kawamoto argued that the denial of the waivers was within the Board's broad discretion regarding waivers, and because the Board is not required to make any findings in support of a waiver decision, the court is not limited to the reasons set forth in the decision. Attorney Kawamoto argued further that, based on the expert affidavit of engineer Sean Reardon, there are adequate grounds to find that the safety purposes underlying the subdivision regulations would be implicated by a waiver. Following argument, the court requested that Attorney Lanza submit a more legible version of FOD's subdivision plan, took the matter under advisement, and will issue a decision in due course. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza 9 Damonmill Square, Suite 4A4, Concord, MA 01742 Defendant: Paul R DeRensis, Esq. [email protected] Defendant: Noemi Kawamoto, Esq. [email protected] Sent On: 03/05/2024 11:38:23
- Joint Statement of Facts and Joint Exhibits, filed.
- Copy of Subdivision Plan Received on 3/11/2024.
- Decision issued. (Copies emailed to Attorneys Mark Lanza, Paul DeRensis, and Noemi Kawamoto) Judge: Smith, Hon. Kevin T.
- Order of Remand, issued. (Copies emailed to Attorneys Mark Lanza, Paul DeRensis, and Noemi Kawamoto) Judge: Smith, Hon. Kevin T.
- September 16, 2024. The court requests that counsel provide a joint status report concerning the remand of this matter by Friday, September 20, 2024. (Smith, J.). Judge: Smith, Hon. Kevin T. (Sent via email on 09/16/2024)
- Second Joint Status Report, filed.
- November 12, 2024. The court requests that counsel provide a written joint status report by November 22, 2024. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza 9 Damonmill Square, Suite 4A4, Concord, MA 01742 Defendant: Paul R DeRensis, Esq. [email protected] Defendant: Noemi Kawamoto, Esq. [email protected] Sent On: 11/12/2024 13:13:11
- Third Joint Status Report, filed.
- Emailed report of plaintiff, Mark J. Lanza, Esq., received. Two abutters and another person residing in the area of the subdivision appealed the Planning Board's decision approving the subdivision plan by filing a complaint in Bristol County Superior Court. Attorney Lanza plans to file a motion to dismiss for lack of subject matter jurisdiction or to transfer the case to the Land Court based on the Remand Order. Before doing so, Attorney Lanza requests clarification regarding the Remand Order dated April 9, 2024, as it pertains to jurisdiction over the abutters' appeal. The matter of FOD's subdivision plan approval application is not final since it cannot record the plan and proceed with the subdivision until the appeal is resolved in its favor.
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