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Court Case Record 15-25 HEMENWAY STREET APARTMENTS vs. MICHAEL GEILER 2012-J-0414 UID(4b7a)


15-25 HEMENWAY STREET APARTMENTS vs. MICHAEL GEILER Court Case Record

Court Case Number: 2012-J-0414


 
Case Number2012-J-0414
Case Title15-25 HEMENWAY STREET APARTMENTS vs. MICHAEL GEILER
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date11/06/2012
Close Date11/09/2012

Parties

CounselNameType
Michelle D. Fentress, Esquire15-25 Hemenway Street ApartmentsPlaintiff/Respondent
Robert F. Daut, EsquireMichael GeilerDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
11/06/2012 #1 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Michael Geiler.^
11/07/2012 #2 Opposition to Motion to Stay, filed by 15-25 Hemenway Street Apartments.^
11/08/2012 #3 Motion for leave to file a reply, filed by Michael Geiler.^
11/08/2012 #4 Reply to Opposition to motion to stay filed by Michael Geiler.^
11/08/2012 #4.1 ORDER: The defendant seeks a stay, pursuant to Mass.R.A.P. 6(a), pending appeal of an order of the Suffolk Superior Court allowing the plaintiff's application for a preliminary injunction that granted possession of the defendant's apartment to the plaintiff. General Laws c. 139, ยง 19 provides for equitable relief, including "a preliminary injunction granting the lessor or owner possession of the premises," if a tenant uses any part of leased premises for certain illegal purposes, including the keeping or cultivation of marijuana. An agent of the plaintiff discovered several marijuana plants in the defendant's apartment during an annual inspection pursuant to par. 14(a) of his lease. The standard for a preliminary injunction is set out in Packaging Industries Group, Inc. v. Cheney, 380 Mass. 609, 617 (1980). The judge determined that this standard was met. I discern no "clear error of law or abuse of discretion" in this ruling. Jet-Line Services, Inc. v. Board of Selectmen of Stoughton, 25 Mass. App. Ct. 645, 646 (1988). See Aspinall v. Philip Morris Companies, Inc., 442 Mass. 381, 390 (2004). The application for a stay is therefore denied. (Kafker, J.). *Notice/Attest/Brieger, J.
11/08/2012 #5 Motion for reconsideration, filed by Michael Geiler.^
11/09/2012 RE#5: Denied. *Notice/Attest/Brieger, J.