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15 Jul 2016, 2:03 pm
” The Court noted “that only two of the three variants of common-law battery encompassed by G.L. c.265, §13A — harmful battery and reckless battery — qualify as ‘violent crimes’ under the force clause. [read post]
15 Jul 2016, 2:03 pm
” The Court noted “that only two of the three variants of common-law battery encompassed by G.L. c.265, §13A — harmful battery and reckless battery — qualify as ‘violent crimes’ under the force clause. [read post]
4 Jul 2016, 5:16 pm
Five corporate plaintiffs sued the fire district and the Town of East Greenwich, alleging that the defendants’ imposition and collection of development impact fees pursuant to this resolution violated Rhode Island’s Development Impact Fee Act (RIDIFA), G.L. 1956 chapter 22.4 of title 45. [read post]
17 Jun 2016, 5:10 am
The town building commissioner determined that the locus had grandfathered status as a nonconforming lot under G.L. c. 40A, § 6. [read post]
6 Jun 2016, 12:39 pm
Pursuant to G.L. c. 183 sec. 15, subsequent deeds also conveyed those rights as a matter of law. [read post]
27 May 2016, 6:10 am
This post examines an opinion from the Supreme Judicial Court of Massachusetts,Suffolk: Commonwealth v. [read post]
25 May 2016, 7:10 pm
Pursuant to G.L. c. 90, § 39B, he also registered the property as a noncommercial private restricted landing area (PRLA) with the division. [read post]
20 May 2016, 6:29 am
This post examines one such scenario and potential defenses to alleged violations of G.L. c. 265 Section 13M. [read post]
19 May 2016, 9:23 am
The employee appealed a decision of the Reviewing Board of the Department of Industrial Accidents, which affirmed an order by the administrative judge denying his claim for total benefits under G.L. c. 152 § 34A and partial benefits under § 35. [read post]
16 May 2016, 9:48 am
According to the plain language of G.L. c. 90, § 39B, therefore, noncommercial private landing areas were not subject to the statutory requirements. [read post]
6 May 2016, 9:46 am
In Heath, the defendant was convicted of assault and battery on a police officer under G.L. c. 265 Section 13D and disturbing the peace, a violation of G.L. c. 272 Section 53. [read post]
27 Apr 2016, 9:39 am
Pursuant to state statute (G.L. c. 40A, § 6), a prior nonconforming use of land is not subject to a later enacted ordinance or by-law. [read post]
25 Apr 2016, 9:46 am
In Massachusetts, a road may become a public way by one of three methods: (1) a laying out by public authority in the manner prescribed by statute (G.L. c. 82, §§ 1–32); (2) prescription; or (3) prior to 1846, a dedication by the owner coupled with acceptance by the public. [read post]
20 Apr 2016, 3:00 am
In addition to shoplifting, the defendants in this case were charged with carrying a firearm in violation of G.L. c. 269 Section 10(a) and possession of ammunition, a violation of G.L. c. 269 Section 10(h). [read post]
11 Apr 2016, 11:38 am
Julie Gallagher (SJC-12018)Parental rights of non-biological parent in unmarried same-sex couple where the couple agreed to have children together and to use artificial reproductive technology and donor sperm to do so.Karen Partanen filed a Verified Complaint in Equity pursuant to G.L. c. 215, § 6, G.L. c. 209C, and G.L. c. 46, § 4B, in which she asked the family and probate court to declare her to be the full legal parent of the two minor children born through… [read post]
11 Apr 2016, 11:38 am
Julie Gallagher (SJC-12018)Parental rights of non-biological parent in unmarried same-sex couple where the couple agreed to have children together and to use artificial reproductive technology and donor sperm to do so.Karen Partanen filed a Verified Complaint in Equity pursuant to G.L. c. 215, § 6, G.L. c. 209C, and G.L. c. 46, § 4B, in which she asked the family and probate court to declare her to be the full legal parent of the two minor children born… [read post]
11 Apr 2016, 11:38 am
Julie Gallagher (SJC-12018)Parental rights of non-biological parent in unmarried same-sex couple where the couple agreed to have children together and to use artificial reproductive technology and donor sperm to do so.Karen Partanen filed a Verified Complaint in Equity pursuant to G.L. c. 215, § 6, G.L. c. 209C, and G.L. c. 46, § 4B, in which she asked the family and probate court to declare her to be the full legal parent of the two minor children born through… [read post]
8 Apr 2016, 9:09 am
The Middlesex District Attorney’s office argues that pursuant to G.L. c. 211E, § 3(a)(1), as interpreted by the SJC in a case decided twenty-two years ago, the authority to impose a sentence below a mandatory minimum does not go into effect until the Legislature enacts into law the sentencing guidelines recommended by the Sentencing Commission. [read post]
7 Apr 2016, 9:36 am
That basis for basis for plaintiff’s motion for summary judgment is that based upon Massachusetts Statute G.L. c. 231 Section 85A, which states proof that the defendant owns a vehicle is prima facie evidence that the defendant is responsible for the actions of the person actually driving at the time of an accident. [read post]
5 Apr 2016, 7:20 am
Under a Massachusetts law, G.L. [read post]
