Justia Massachusetts Supreme Court Opinion Summaries

Petitioner filed suit in superior court claiming that she and her son entered into an oral that granted her a life estate in certain property. Petitioner sought to enforce the oral agreement or, in the alternative, recover of a theory of quantum meruit. The superior court granted summary judgment for Defendants. The appeals court remanded for proceedings as to whether Petitioner should recover under a theory of quantum meruit. While the case was pending on remand, Petitioner filed a petition in the county court against the judge assigned to the matter, in both his individual and official capacities, and against the Commonwealth. Petitioner raised a number of claims concerning the judge's rulings and conduct, including an assertion that he had acted in an unlawful and biased manner. The single justice denied the petition without a hearing. The Supreme Court affirmed, holding (1) Petitioner's claims of judicial bias and declaratory judgment claims should have been addressed through the ordinary trial and appellate process; (2) the judge was absolutely immune from Petitioner's request for monetary damages; and (3) Petitioner's allegations of conspiracy were insufficient to overcome the judge's absolute immunity. View "Johnson v. Commonwealth" on Justia Law

The sole issue in this appeal was whether an uncontroverted affidavit attesting to the statutory form "Affidavit of Sale under Power of Sale in Mortgage" was sufficient to show compliance with the power of sale for the purpose of establishing the right of possession by motion for summary judgment in a summary process action. A judge in the housing court ruled in favor of the plaintiff, the Federal National Mortgage Association (Fannie Mae), on the parties' cross motions for summary judgment, and the defendant, Oliver Hendricks, appealed. Hendricks asserted error in the grant of summary judgment to Fannie Mae, where the statutory form failed to set forth "fully and particularly" the acts taken to exercise the power of sale in Hendricks's mortgage, as required by Mass. Gen. Laws ch. 244, 15. The Supreme Court affirmed the judgment, holding (1) because the statutory form that Fannie Mae offered in support of its motion for summary judgment was sufficient within the meaning of Mass. Gen. Laws ch. 183, 8, it made out a prima facie case of compliance with chapter 244, 14; and (2) because there was no genuine issue of material fact to be decided, Fannie Mae was entitled to summary judgment. View "Fed. Nat'l Mortgage Ass'n v. Hendricks" on Justia Law

Plaintiff filed a complaint alleging that Defendant committed a breach of a settlement agreement with the town by failing to remove mulch from property owned by Plaintiff. Defendant filed a special motion to dismiss under the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, contending that the civil claim was intended to retaliate, deter, and punish Defendant solely for engaging in the constitutionally protected activity of petitioning the town. The motion was denied. On interlocutory appeal, the Supreme Court affirmed the denial, holding that Defendant failed to meet its required threshold showing that Plaintiff's claim of breach of the settlement agreement was based on Defendant's exercise of its right to petition. View "Marabello v. Boston Bank Corp." on Justia Law

In 1990 McCarthy bought land at a mortgage foreclosure sale conducted by defendant, Seamen's, the mortgage holder. The advertisement described the parcel as "at the end of the paved portion of Higgins Hollow Road, Truro." McCarthy obtained a mortgage from Seamen's and retained defendant, Snow, an attorney. Before closing, Snow and issued to Seamen's a certificate of title. McCarthy received a copy. The foreclosure deed and mortgage were recorded. McCarthy purchased the property under the belief that it was in a specific location; it is actually another parcel. Following a land court action concerning a boundary dispute with a neighbor, McCarthy sued those involved in her purchase. During discovery, defendants sought, from the land court action, time sheets, correspondence between or among McCarthy and her attorneys, land surveyors, title abstractors, and title examiners; and all documents concerning the parcels. The Massachusetts Supreme Court held that the defendants did not establish entitlement to discovery of communications protected by attorney-client privilege under a theory of at issue waiver, but may discover the other information that qualifies as "fact" work product under Mass. R. Civ. P. 26(b)(3), because they have shown substantial need for the material and cannot without undue hardship obtain it from another source. View "McCarthy v. Slade Assocs., Inc." on Justia Law

The Bridgewater State University Foundation owns three buildings and three undeveloped parcels. One building is occupied by foundation offices and the university's alumni office; another houses the university's political science department; and the third is used by the university and the foundation for receptions and fundraising. The undeveloped parcels are used by students for recreation. None of the properties is used exclusively by the foundation. The foundation permits the university to use all the properties free of charge. The Appellate Tax Board decided that the foundation was entitled to the charitable exemption from local property taxes, G.L. c. 59, Sect. 5; the Appeals Court reversed. The Massachusetts Supreme Court concluded that the foundation is entitled to the exemption. The foundation is a public charitable trust, and it is "organized and operate[s] exclusively for the benefit of" Bridgewater State University under G.L. c. 15A, sect. 37. The foundation has qualified as a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code. The university is an institution of public higher education and certifies that the foundation is operating "in a manner consistent with" the university's goals and policies and uses its money and assets solely for the benefit of the university. View "Bridgewater State Univ. Found. v. Bd. of Assessors of Bridgewater" on Justia Law

Blonde appealed denial of his motion to stay pending appeal after a probate judge appointed a special master for the purpose of selling the parties' former marital home. The property has since been sold. The Massachusetts Supreme Court affirmed. Blonde had the opportunity to appeal to a panel of the appeals court. He also could have requested that the appeals court expedite such an appeal. An exercise of the court's “extraordinary power” is not necessary because he did not attempt to pursue ordinary appellate remedies. A stay pending appeal was not required and the request for a stay of that aspect of the judgment has become moot.View "Blonde. v. Antonelli" on Justia Law

The Wetlands Protection Act, G.L. c. 131, 40, requires a conservation commission to issue a decision on a requested order of conditions within 21 days after holding a public hearing on the applicant's notice of intent to perform work covered by the act. Following the owner’s request for an extension, a hearing on his application for construction of a pile-supported pier and floating dock was held on April 6; the commission voted to deny the application on April 27 and mailed notice on April 28, 22 days after the hearing. The department reversed, based on the commission’s failure to timely act. In the meantime, the commission issued an enforcement order, based on work being done on the applicant’s property. The Supreme Judicial Court held that an applicant may waive the statutory time restriction, but any waiver must be voluntary in fact, its duration defined and reasonable in length, and notice of the waiver's duration must be a matter of public record, available to all interested persons. In this case, the applicant is entitled to proceed under the order issued by the department. View "Garrity v. Conservation Comm'n of Hingham" on Justia Law

After a storm began, water stopped flowing down the parking lot drain on the property, which had become clogged with debris. Water seeped under the door of the building, flooding its lower level and damaging carpeting, baseboards, and walls. The owner had an "all risk" insurance policy, covering damage from any peril that was not specifically excluded. One of the exclusions was for water damage. After investigating, the insurer denied the claim, finding that the damage resulted at least in part from surface water, which was excluded by the policy. The owner alleged breach of contract, breach of the implied covenant of good faith and fair dealing, unfair or deceptive insurance practices in violation of G.L. c. 176D, and unfair or deceptive acts or practices in violation of G.L. c. 93A. The Superior Court granted the insurer summary judgment, finding that the damage was caused at least in part by "surface water." Although the damage was also partially caused by water that had backed up from a drain, the "anticoncurrent cause" provision of the policy excluded coverage for surface water "regardless of any other cause or event that contributes concurrently or in any sequence to the loss." The Massachusetts Supreme Court affirmed. View "Surabian Realty Co., Inc. v. NGM Ins. Co." on Justia Law

Since at least 1986, the town had a deteriorating sewer system. Defects allowed inflow and infiltration (I/I). Wet weather caused overflow, contaminating the ocean, rivers, and wetlands. To avoid overflow into housing, the town installed, without approval, a bypass pump that discharged raw sewage into the Saugus River. In 2005, the town entered into a consent order with the Department of Environmental Protection, acknowledging violations of the Clean Water Act and state law; the town was required to implement plans to eliminate I/I. There was a moratorium on new connections until the problem was addressed. The town embarked on a 10-year, $27 million dollar plan. Ratepayers were to finance the majority of the plan. In the interim, the town required new connections to pay an I/I reduction contribution, calculated by multiplying, by a factor that decreased as repairs were completed, the number of gallons of new flow to be generated. Plaintiff, developers, paid $670,460 to accommodate new flow from the single-family houses and multifamily housing. The trial court concluded that the charge provided no particularized benefit to the developers; that the amount was excessive compared to regulatory costs involved; and that the charge was an impermissible tax. The Massachusetts Supreme Court vacated, finding that the charge is a fee. View "Denver St. LLC v. Town of Saugus" on Justia Law

A judge preliminarily enjoined Federal National Mortgage Association (Fannie Mae) from proceeding to evict plaintiff, Eaton, from her home, following a foreclosure sale by Green Tree Servicing, as mortgagee. The judge ruled that Eaton likely would succeed on her claim that for a valid foreclosure sale to occur, both the mortgage and the underlying note must be held by the foreclosing party; Green Tree stipulated that it held only Eaton's mortgage. The supreme court vacated the injunction, announcing a new statutory interpretation to apply to foreclosures under the power of sale where statutory notice is provided after the date of this decision. A foreclosure sale conducted pursuant to a power of sale in a mortgage must comply with all applicable statutory provisions, particularly G.L. c. 183, 21, and G.L. c. 244, 14, which authorize a "mortgagee" to foreclose by sale pursuant to a power of sale in the mortgage, and require the "mortgagee" to provide notice and take other steps. The term "mortgagee" is not free from ambiguity, according to the court, but refers to the person or entity then holding the mortgage and also either holding the mortgage note or acting on behalf of the note holder. View "Eaton v. Fed. Nat'l Mort. Ass'n" on Justia Law