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Current Developments in Municipal Law
____________________________________________ Massachusetts Department of Revenue Division of Local Services Current Developments in Municipal Law 2010 Court Cases Book 2 Navjeet K. Bal, Commissioner Robert G. Nunes, Deputy Commissioner ____________________________________________ www.mass.gov/dls Court Decisions Table of Contents Book 2 Page Massachusetts Court & Arbitration Cases and Federal Court Cases Adams vs. Board of Assessors of Westport, 76 Mass. App. Ct. 180 (January 26, 2010) - Chapter 61A – Agricultural Land Tax Classification – Roll Back and Conveyance Taxes – Change in Use – Exemption for Construction of Residence for Family Member 1 Mark Andrews v. City of Springfield, 75 Mass. App. Ct. 678 (November 3, 2009) – Bidding – Building Contract – Lease with Option to Purchase – Construc- tion Contract Subject to Bidding Laws – Invalid Contract 4 Bererhout v. City of Malden, 431 B.R. 42 (June 22, 2010) – Bankruptcy – Automatic Stay of Collection Activities – Unpaid Parking Tickets – Administrative Hold on Renewal of Registration – Obligation to Discontinue Collection Efforts 8 Brasi Development Corp. v. Attorney General, 456 Mass. 684 (May 10, 2010) – Bidding – Building Contract – Long-term Lease 15 Calvao v. Town of Framingham, 599 F.3d 10, (First Cir. March 17, 2010) – Fair Labor Standards Act – Special Pay Period – No Duty to Give Notice to Employees 27 City of Lynn v. Lynn Police Association, 455 Mass. 590 (January 6, 2010) – Back Pay – Collective Bargaining – Bailout Act – Memorandum of Agreement to Repay Voluntary Concessions When City Received Additional Funds – Arbitration 33 City of Worcester v. AME Realty Corporation, 77 Mass. App. Ct. 64 (June 21, 2010) – Tax Foreclosure – Motion to Vacate Decree – Actual Notice – Rights of Redemption 38 District Attorney for the Northern District v. -
Treasurer's Manual
Massachusetts Collectors and Treasurers Association TREASURER’S MANUAL Revised 2017 Chapter 1 Overview and Legal Basis of Municipal Finance in Massachusetts Legal Foundation of Municipal Finance The development of the powers and duties of Massachusetts cities and towns has evolved since colonial times. The Massachusetts General Laws set out the legal foundation of municipal finance, but new statutes, court decisions, agency regulations, and guidelines are constantly changing. Knowledge of where to find the statutes and regulations, and keeping up with changes is of great importance for all treasurers. More detail can be found on the Division of Local Services publication “A Guide to Financial Management for Town Officials” www.mass.gov/dor/docs/dls/publ/misc/town.pdf. Sources of Legal Information The Division of Local Services (DLS) of the State Department of Revenue (DOR) has statutory responsibilities regarding the assessment and collection of property and other local taxes, municipal budgets and debt, and municipal accounting and other financial practices. The Bureau of Municipal Finance Law serves as the legal bureau of the DLS and is available to municipal treasurers for legal advice and assistance. (See Bulletin 2006- 02B titled Bureau of Municipal Finance Law online at www.mass.gov/dls.) Treasurers can call to speak to one of the assigned “attorneys of the day” at 617-626-2400 or email a question to [email protected]. In an email request, a treasurer needs to include name, community, position, telephone number, and best time to reach you in case follow up is needed. The DLS has a website (www.mass.gov/dls) which is invaluable to municipal treasurers looking for legal information pertinent to their jobs. -
G. Blaine Baker*
REVIEW ESSAY RECENSION CRITIQUE Interstate Choice of Law and Early-American Constitutional Nationalism. An Essay On Joseph Story and the Comity of Errors:A Case Study in Conflict of Laws G. Blaine Baker* Alan Watson, Joseph Story and the Comity of Errors:A Case Study in Con- flict of Laws. Athens, Ga.: University of Georgia Press, 1992. Pp. x, 136 [$25.00]. In this reiew essay0- Ala Woaso'sJoeph Story and th Comity ofErros Cone recerssiocritique pone r l liem JosephStory aed the Comityof A Core Studyin ConflwstofL-as, the authorpreseots a rcthodologicalpoint. a Eeror.:A CaseStudy in Confliclof L poe Alan Watson.L'awtror soslisv des hotoncal irog-ril. and a hisoriographical ohsersoo. Thosethren kinds of pointsdo rrhrs o r darisel frenmStory's eady-frderahst taiseon Amencairdioice-of- ruenirtodolopique, hioriqe or histotiographiqueon asalys.nt In lisre Commentarie on theCoflicr ofLris. (edt pa Joseph Storyo 1834, emo com. l.w siho. or froa Warsor'scorrpmaoie, historcal stady of that book reontast I'(tide historiquore comparativeque Alan Waloo r fait. TNliauthor's renotthnologcolpoint is thot intllw ttly-osrert .Lgal history Poorer qsi eat de ln rrdthodologre.I'atoter prtend qor I'histoir do droit o=ld aspire to rhengoors of good csltrs hisory. Co larrieiegalhistory dierait (teeauai rui'oe se qn Ihisto .. erscsle. Uric(ude histotiquea com groundedcsnlussely in layers" au. sesereclythe kindsof cathwolconclusions techicol itsource draws materialsfrom those shouldnarow therefore soarees.limt or poetis qsi se smite soirics jaridiqoesprpc nert ditm doit so contentorde coaclusionso"llrstlles birn ndesaon il faat unes ocuoratarionbnoosup plus It dsoo~lespand deasnioally the kinds of r e daryro c reoatrials iche pootiter descooslusionr socialra r tllmctullra plus g6-i-eales. -
Northeastern University Law Journal, Vol. 2, No. 1, Spring 2010
Northeastern University LAW JOURNAL VOL. 2, NO. 1 SPRING 2010 EDITORS’ INTRODUCTION 1 NOTES Regaining the Wonderful Life of Homeownership Post-Foreclosure 5 Meg Rehrauer ARTICLES A Judicial Response to the Subprime Lending Crisis 41 Robert A. Kubica Of Victims, Villains and Fairy Godmothers: Regnant Tales of Predatory Lending 71 Carolyn Grose Causes of the Subprime Foreclosure Crisis and the Availability of Class Action Responses 111 Gary Klein & Shennan Kavanagh Policy and Litigation Barriers to Fighting Predatory Lending 167 Deborah Goldstein & Matthew Brinegar Defending Foreclosure Actions by Bringing in Third Parties 195 Michelle Weinberg © 2010 Northeastern University Journal of Law Northeastern University LAW JOURNAL EDITOR-IN-CHIEF Laura Fauber ’10 Christine McCleney ’10 MANAGING EDITOR ARTICLES EDITOR Adrian Bispham ’10 Sarah Mitchell-Weed ’10 Ira Gant ’10 Alexandra Geiger ’10 PUBLICATION EDITOR SYMPOSIUM EDITOR Erin Kalwaic ’10 Deidre Delay ’10 Justin Mikowski ’10 Katie Hawkins ’10 FACULTY ADVISORS Professor Michael Meltsner Professor David Phillips Professor Sonia Rolland All works are copyright by their authors. JOURNAL STAFF 2009/2010 Senior Staff Kasey Baker ‘10 Vanessa Madge ‘10 Spencer Baldwin ‘10 Kevin Mulligan ‘10 Tayo Belle ‘10 Lindsey Palardy ‘10 Brett Gallagher ‘10 Tom Spera ‘10 Jeff Harris ‘10 Jacob Taylor ‘10 2009/2010 Staff Amerin Aborjaily ‘11 Vincent Enriquez ‘11 Jay Patel ‘11 Erin Albright ‘10 Hailey Ferber ‘11 Karishma Patel ‘10 Andrew Angely ‘11 Yana Garcia ‘11 Purvi Patel ‘10 Laila Atta ‘11 Sheila Giovannini -
Application for Alcohol, Drug Abuse
2.: 4p5l/Vio APPLICATION FOR ALCOHOL, DRUG ABUSE AND MENTAL HEALTH SERVICES BLOCK GRANT 1990 PARTS I AND II MASSACHUSETTS STATE PLAN FOR THE PREVENTION, TREATMENT AND CONTROL OF ALCOHOL ABUSE, ALCOHOLISM, DRUG ABUSE, AND DRUG ADDICTION Massachusetts Department of Public Health Division of Substance Abuse Services 150 Tremont Street Boston, Massachusetts 02111 Michael S. Dukakis Governor, Commonwealth of Massachusetts Philip w. Johnston Secretary, Executive Office of Human Services David H. Mulligan Commissioner, Department of Public Health August 1989 Digitized by the Internet Archive in 2014 https://archive.org/details/applicationforalOOmass_0 TABLE OF CONTENTS LIST OF TABLES iv 1990 Block Grant Application 1 I. A SUBSTANCE ABUSE PROFILE 2 A. Alcohol Abuse 4 B. Other Drugs 4 1. Cocaine 4 2. Heroine and Other Opiates 5 3. Marijuana 6 4 . Other Drugs .' 6 C. IV Drug Users 7 1. AIDS 7 2. Other Diseases 7 D. Other Underserved Populations 7 1. Youth 8 2. Communities of Color 8 3 . Women 8 4. The Homeless 10 5. The Elderly 10 6. The Disabled 10 7. The Dual-Diagnosed 10 E. Other Health Indicators 10 F. Violence and Crime 11 G. State's Commitment 11 II. THE DIVISION OF SUBSTANCE ABUSE SERVICES RESPONSE TO FY89 14 A. History and Mission of the Division 14 B. Organization of the Division 16 1. Consolidation 16 2. Organizational Struture 17 C. The Service Delivery Network 21 D. Response to the Needs of FY89 2 5 1. IV Drug Users 2 5 2. Serving the Minority Community 2 7 3. Youth 29 11 4 . Women 3 0 5. -
Mass-Peculiarities: 2017 | an EMPLOYER’S GUIDE to WAGE & HOUR LAW in the BAY STATE
Mass-Peculiarities: 2017 | AN EMPLOYER’S GUIDE TO WAGE & HOUR LAW IN THE BAY STATE 3RD EDITION Authored by the Wage & Hour Litigation Practice Group | Seyfarth Shaw LLP, Boston Office MASSACHUSETTS PECULIARITIES An Employer’s Guide to Wage & Hour Law in the Bay State ____________________________________________________________________________ Third Edition Editors in Chief C.J. Eaton Cindy Westervelt Wage & Hour Litigation Practice Group Seyfarth Shaw LLP Boston, Massachusetts Richard L. Alfred, Chair and Senior Editor Patrick J. Bannon Hillary J. Massey Anne S. Bider Kristin G. McGurn Timothy J. Buckley Barry J. Miller Anthony S. Califano Kelsey P. Montgomery Ariel D. Cudkowicz Molly Clayton Mooney C.J. Eaton Alison H. Silveira Robert A. Fisher Dawn Reddy Solowey Beth G. Foley Lauren S. Wachsman James M. Hlawek Cindy Westervelt Bridget M. Maricich Jean M. Wilson Seyfarth Shaw LLP Two Seaport Lane, Suite 300 Boston, Massachusetts 02210 (617) 946-4800 www.seyfarth.com © 2017 Seyfarth Shaw LLP All Rights Reserved Legal Notice Copyrighted © 2017 SEYFARTH SHAW LLP. All rights reserved. Apart from any fair use for the purpose of private study or research permitted under applicable copyright laws, no part of this publication may be reproduced or transmitted by any means without the prior written permission of Seyfarth Shaw LLP. Important Disclaimer This publication is in the nature of general commentary only. It is not legal advice on any specific issue. The authors disclaim liability to any person in respect of anything done or omitted in reliance upon the contents of this publication. Readers should refrain from acting on the basis of any discussion contained in this publication without obtaining specific legal advice on the particular circumstances at issue. -
United States District Court for the District of Massachusetts
Case 3:12-cv-11545-MAP Document 32 Filed 09/24/13 Page 1 of 18 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS MARK A. LARACE and ) TAMMY L. LARACE ) Plaintiffs ) ) v. ) C.A. No. 12-cv-11545-MAP ) WELLS FARGO BANK, N.A. AS ) TRUSTEE FOR ABFC 2005-OPT1 ) TRUST ABFC ASSET BACKED ) CERTIFICATES SERIES 2005-OPT1, ) AMERICAN HOME MORTGAGE ) SERVICING, INC., and ) OPTION ONE MORTGAGE COMPANY ) Defendants ) MEMORANDUM AND ORDER REGARDING DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFFS’ MOTION TO REMAND TO STATE COURT (Dkt. Nos. 8 & 15) September 24, 2013 PONSOR, U.S.D.J. I. INTRODUCTION Plaintiffs Mark and Tammy LaRace are Springfield residents who purchased a home at 6 Brookburn Street. Defendants at various times have held a mortgage on the property, either as the original mortgagee or an assignee of the mortgage. In June 2012, Plaintiffs filed a petition to Case 3:12-cv-11545-MAP Document 32 Filed 09/24/13 Page 2 of 18 try title against Defendants in the Massachusetts Land Court. In August 2012, Defendants removed the case to this court based on diversity jurisdiction and filed a motion to dismiss. Shortly thereafter, Plaintiffs filed a motion to remand arguing lack of jurisdiction. Based on the recent decision in Lemelson v. U.S. Bank National Association, 721 F.3d 18 (1st Cir. 2013), Plaintiffs’ motion will be denied, and Defendants’ motion will be allowed. II. FACTUAL BACKGROUND1 Plaintiffs are citizens of Massachusetts. Defendant Homeward Residential, Inc. f/k/a American Home Mortgage Servicing, Inc., is a Delaware corporation with a principal place of business in Texas; Defendant Wells Fargo as Trustee has its main office in Sioux Falls, South Dakota; and Defendant Sand Canyon Corporation f/k/a Option One is a California corporation with its principal place of business in California. -
Prevailing Wage Topical Outline
TOPICAL OUTLINE OF MASSACHUSETTS PREVAILING WAGE LAW Department of Labor Standards 19 Staniford Street, 2nd Floor Boston, MA 02114 (617) 626-6953 May 14, 2021 Revised: May 14, 2021 1 TABLE OF CONTENTS Page PREVAILING WAGE, CONSTRUCTION, M.G.L. C. 149, §§26-27D .................................. 9 Annual Updates .............................................................................................................................................................9 Applicability Determinations – In General ....................................................................................................................9 Apprentices ..................................................................................................................................................................10 Archdiocese of Boston.................................................................................................................................................10 Asbestos Abatement ....................................................................................................................................................10 Benefit Deductions ......................................................................................................................................................11 Bituminous Concrete………………………………………………………………………………………….......... 11 Blended Rate ...............................................................................................................................................................12 -
Signature Redacted Departn Ent Ban'studi 9Gna Plannin L) May 22,Tj1
Promoting Alternative Dispute Resolution in the Massachusetts Land Court: Current Perceptions and Use By Alexandra Elizabeth Kahveci BA in Political Science Boston University Boston, Massachusetts (2010) Submitted to the Department of Urban Studies and Planning in partial fulfillment of the requirements for the degree of Master in City Planning at the MASSACHUSETTS INSTITUTE OF TECHNOLOGY June 2018 2018 Alexandra Elizabeth Kahveci. All Rights Reserved The author hereby grants to MIT the permission to reproduce and to distribute publicly paper and electronic copies of the thesis document in whole or in part in any medium now known or hereafter created. Author Signature redacted Departn ent ban'Studi 9gna Plannin L) May 22,tj1 Certified by __Signature redacted Professor Lawrence Susskind Department of Urban Studies and Planning I Thesis_5ipervisor Accepted by Signature redacted 5 MASSACHUSETTS INSTITUTE Professor of the f ractice, Ceasar McDowell OF TECHNOLOGY Chair, MCP Committee Department of Urban Studies and Planning JUN 18 2018 LIBRARIES 1 Promoting Alternative Dispute Resolution in the Massachusetts Land Court: Current Perceptions and Use By Alexandra Elizabeth Kahveci Submitted to the Department of Urban Studies and Planning on May 22, 2018 in partial fulfillment of the requirements of the degree of Masters in City Planning Abstract The Massachusetts Land Court is overburdened. More than 15,000 new cases are filed each year, with the even more cases carried over from previous years. Each emotionally taxing case can cost litigants between $50,000- $150,000 to try, with no guarantee of winning. One promising option that would relieve the overload, reduce the cost to litigants, and give them control over the outcome is Alternative Dispute Resolution (ADR). -
2015/2016 Annual Report
As I’m sure was the case with my predecessors, I began my tenure with great challenges and great opportunities. I’m also sure that duality is the reality that the constituents this Department serves also face. Looking back at 2015 and 2016, I’m filled with pride at the accomplishments of our dedicated staff; both new and old. More so, I feel a momentum toward building a greater, more robust MDAR that is able to handle both the responsibilities of the present with an eye toward tackling the challenges of the future, ever mindful of the legacy we’ve inherited. I would encourage you to review this report to learn more about the Divisions that constitute the Department and the work they’ve done. Speaking of major challenges, our Commonwealth faced an abnormally long and severe drought in the summer of 2016 that created problems throughout agriculture. Losses incurred by some of our farmers were significant, serving to underscore the unpredictability of our changing climate. Farmers don’t have the luxury of time to discuss global policies, but proactive governments can ill afford to ignore these problems. In that spirit, the Baker-Polito Administration, EEA Secretary Matthew Beaton and MDAR were proud to address the issue of climate change resiliency in a substantive way, by bolstering existing resources like Agricultural Environmental Enhancement Program (AEEP) and working with stakeholders to identify new opportunities to help build our constituents’ ability to “weather the storms” of the future. Per legislation, I co-chaired the Cranberry Revitalization Task Force. The Task Force, a group representing industry stakeholders and government agencies, sought to fully identify problems facing the cranberry industry in Massachusetts and work toward a menu of tangible solutions. -
Massachusetts Real Estate Purchase and Sale Issues for Buyers
MASSACHUSETTS REAL ESTATE PURCHASE AND SALE ISSUES FOR BUYERS JOHN SULLIVAN is the Chair of DLA Piper’s U.S. real estate group. THANOS MATTHAI is an Associate in DLA Piper’s real estate group. Both John and Thanos are resident in DLA Piper’s Boston office. The authors wish to thank Bob O’Connor, a real estate partner in DLA Piper’s Boston office, for his contributions to this article. The authors also would like to thank Taylor Tremble for his research for this article as a summer associate in DLA Piper’s Boston office. The following article is a high-level review of some of and other closing documents, and in Dukes and Nan- the material issues that should be considered by a law- tucket Counties, the buyer pays land bank fees as yer representing the buyer of commercial real estate described below. The seller typically pays the transfer in Massachusetts.1 The authors recommend that a tax and the cost of recording releases or discharges to licensed and experienced Massachusetts real estate clear title matters. lawyer be consulted with respect to any transaction that involves real estate located in Massachusetts. 2.1 Transfer Taxes Under G.L. c. 64D, § 1, a documentary stamp tax is 1. TITLE INSURANCE imposed on a “deed, instrument or writing, whereby Because Massachusetts is not a “filed-rate” state, title any lands, tenements or other realty sold shall be insurance premiums are negotiable, particularly for granted, assigned, transferred or otherwise conveyed larger transactions. The title insurance premium does to, or vested in, the purchaser or purchasers, or any not include title search and examination fees. -
Massachusetts Gaming Commission Internet Forum March 11, 2014 U.S
INTERNET GAMING FORUM MARCH 11, 2014 BOSTON CONVENTION AND EXHIBITION CENTER PANELIST AND PRESENTER BIOGRAPHIES Hon. Stanley C. Rosenberg Majority Leader, Massachusetts Senate On January 8th, 2003, state Senator Stan Rosenberg (D-Amherst) was named President Pro Tem of the Massachusetts Senate, becoming the first senator in the state’s history to hold this leadership position. This appointment came after he served seven years in other leadership posts: four as Assistant Majority Leader and three years as the first western Massachusetts legislator to chair the Senate Committee on Ways and Means. Senator Rosenberg also continues to serve on the Legislature’s Foster Kid Caucus and maintains a leadership role on legislation affecting education, the environment, health care and human services. Senator Rosenberg is a 1977 graduate of the University of Massachusetts-Amherst. James Stern Head of Business Development & Sales, IGT Interactive James Stern is responsible for all new business across the EMEA, North American and LATAM regions. Alongside driving new sales across all regulated markets he develops relationships with key platform providers resulting in a wider distribution network for IGT. Outside of the traditional online sector James is also working with a number of lotteries and key land based partners of IGT to explore potential convergent opportunities and assist them in providing a complete gaming offering to their audience. He has been in the online gaming industry for over 8 years, having previously also worked for GTECHs gaming division GTECHG2. Jeffrey Allen Senior Director of Interactive, Bally Technologies, Inc. Jeff Allen is responsible for Bally Technologies’ interactive product strategy which includes both the mobile and iGaming platforms.