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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-30
Status Closed
Type Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket 30 entries

Parties

Plaintiff Aldonis, Anthony|Aldonis, Randall|Aldonis, Michelle|Pawdcast, Llc.
Defendant Charlton Planning Board|Lemansky, Ross|Vincent, Jean|Clay, Donald|Smith, John|Fontaine, Bill

Lawyers

Docket Entries

  1. Joint Stipulation of Dismissal, filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 437901 Date: 01/30/2023
  4. Land Court surcharge Receipt: 437901 Date: 01/30/2023
  5. Land Court summons Receipt: 437901 Date: 01/30/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Appearance of David K McCay, Esq., William Jacob Morrissey, Esq. for Bill Fontaine Member of the Charlton Planning Board, Town of Charlton, filed
  8. The case has been assigned to the F Track. Notice sent.
  9. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 03/01/2023 Time: 12:00 PM
  10. Summons returned to Court with service on Town of Charlton, Ross Lemansky Member of the Charlton Planning Board, Jean Vincent Member of the Charlton Planning Board, Donald Clay Member of the Charlton Planning Board, John Smith Member of the Charlton Planning Board, Bill Fontaine Member of the Charlton Planning Board filed.
  11. Event Resulted: Case Management Conference scheduled on: 03/01/2023 12:00 PM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  12. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 03/13/2023 Time: 10:00 AM
  13. Joint Case Management Memorandum, filed.
  14. Event Resulted: Case Management Conference scheduled on: 03/13/2023 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  15. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  16. Telephonic case management conference and initial intervention event held. The parties appeared through counsel. Plaintiffs, Pawdcast LLC and its owners, the Aldonises, appeal defendant Charlton Planning Board's denial of their application for a special permit modification to allow them to increase the capacity of their doggie daycare. The Board argues it acted within its discretion in denying the application and reducing Plantiffs' allowed capacity to zero. The parties reported they are discussing a possible joint motion for remand and requested further time to explore that prospect. The Court ORDERS the parties to file by April 14, 2023 either (1) a joint motion for remand, or (2) a joint status report stating they are either continuing to work toward a joint motion for remand, or that remand is no longer likely at that time. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: David K McCay, Esq. [email protected] Defendant: William Jacob Morrissey, Esq. [email protected] Sent On: 03/13/2023 11:57:26
  17. Joint Status Report, filed.
  18. The Court has reviewed the parties' status report. The Court ORDERS the parties to file by April 21, 2023, a joint motion for remand. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: David K McCay, Esq. [email protected] Defendant: William Jacob Morrissey, Esq. [email protected] Sent On: 04/14/2023 12:01:31
  19. Joint Motion to Remand to Charlton Planning Board/Stay Proceedings, filed.
  20. The Court has reviewed the parties' Joint Motion for Remand. This case involves an appeal from the defendant Planning Board's decision, recorded with the Charlton Town Clerk on January 17, 2023, modifying Plaintiffs' September 2022 special permit. The parties request a remand so that the Board might consider different modifications to the September 2022 special permit. Typically in ordering such a remand, the Court vacates the decision that's under appeal so that the local board is free to do what it wants with the appealed decision (including reissuing it). The parties in this case don't say what they want the Court to do with the Board's January 2023 modification decision, however. The Court thus ORDERS the parties to report jointly by April 28, 2023, whether their request for a remand includes vacating the January 2023 decision so that the Board may act with a free hand. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: David K McCay, Esq. [email protected] Defendant: William Jacob Morrissey, Esq. [email protected] Sent On: 04/21/2023 15:17:33
  21. Joint Report, filed.
  22. Order Approving Joint Motion for Remand and Judgment of Remand, issued. (Copies emailed to Attorneys Howard Potash, William Morrissey, and David McCay) Judge: Vhay, Hon. Michael D.
  23. Judgment and Remand entered.
  24. Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  25. Joint Status Report, filed.
  26. Joint Report, filed.
  27. Joint Statement and Motion to Extend Deadline for Planning Board to File its Remand Decision with the Town Clerk, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  28. Joint Status Report and Motion to Extend Deadline for Planning Board to File its Remand Decision with the Town Clerk (to December 15,2023), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  29. Joint Status Report, filed.
  30. Notice of Filing Remand Decision with the Town Clerk, filed.

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