Court Case Record JOHNSON GOLF MANAGEMENT, INC. vs. TOWN OF DUXBURY & others 2010-J-0583


Court Case Number: 2010-J-0583

Case Number2010-J-0583
Case TypeCivil
StateMassachusetts, MA
CourtMiddlesex Superior Court
Court Address
Field Date12/24/2010
Close Date05/09/2011


Stephen R. Follansbee, EsquireJohnson Golf Management, Inc.Plaintiff/Respondent
Robert S. Troy, EsquireTown of DuxburyDefendant/Petitioner
Robert S. Troy, EsquireNorth Hill Advisory CommitteeDefendant
John J. Geary, EsquireCalm Golf, Inc.Defendant
John J. Geary, EsquireCharles LanzettaDefendant
Robert W. Galvin, EsquirePilgrim Golf, LLCIntervener
Entry Date Paper Entry Text
12/24/2010 #1 Memo: North Hill Advisory Committee, consisting of Michael Doolin/Chairman, Scott Whitcomb, Robert M. Mustard, Jr., Michael Marlborough, Anthony Floreano, Michael T. Rufo, Thomas K. Garrity, Richard Manning, W. James Ford, and Gordon Cushing/ex officio.
12/24/2010 #2 PETITION pursuant to G.L. c. 231, s. 118 with attach, filed by Town of Duxbury.
12/30/2010 #3 Memorandum in opposition to Petition with attach, filed by Johnson Golf Management, Inc.
02/03/2011 #4 Letter from Robert S. Troy, Esquire re: Status of petition.
03/04/2011 #5 Letter from Attorney Robert S. Troy re: to inquire as to the status of petition.
03/10/2011 #6 Response to paper #4 filed by Johnson Golf Management, Inc.
03/14/2011 #7 ORDER: "...The town shall seek reconsideration of the preliminary injunctive orders...I will retain single justice oversight for purposes of any requests for interlocutory relief resulting from the action of the Superior Court judge..." (Sikora, J.) *Notice/Attest/Image.
04/04/2011 #8 Emergency motion for stay of superior court's order of March 30, 2011 pending appellate review, filed by Johnson Golf Management, Inc.
04/04/2011 #9 RE#7: Allowed. The Order of the Superior Court, dated March 30, 2011, vacating the preliminary injunction issued on February 2, 2009, and reissued November 24, 2010, is hereby stayed pending the review by the single justice of a petition to be filed by the plaintiff, pursuant to G.L. c. 231, S118. (Sikora, J.) *Notice/Attest
04/05/2011 #10 Emergency Motion for reconsideration of order granting stay of Superior Court order by the Intervener, Pilgrim Golf, LLC and request for costs and sanctions.
04/06/2011 #11 Opposition to paper #8, filed by Johnson Golf Management, Inc.
04/05/2011 #12 Motion to strike plaintiff's emergency motion for a stay of the Superior Court's March 30, 2011 order, filed by Town of Duxbury.
04/05/2011 #13 Motion for reconsideration of the Court's order of April 4, 2011, filed by Town of Duxbury.
04/06/2011 #14 RE#10: See order of this date (Paper #12) vacating stay order dated 4/4/11. (Sikora, J.) . *Notice.
04/06/2011 RE#11: See order of this date (Paper #12) vacating stay order dated 4/4/11. (Sikora, J.) . *Notice.
04/06/2011 ORDER: "1. Uponconsideration of the additional information and argument furnished by the court appears filed on April 5, 2011, by the Town of Duxbury and by the intervener Pilgrim Golf, LLC, I hereby lift the emergency stay entered on April 4, 2011. 2. The full ORDER of the Superior Court (H.J. Smith, J.) entered on March 30, 2011, shall now take force and effect. 3. In particular, the parties shall carry out the terms of paragraph 2a and 2b of that ORDER so that full control and management of the North Hill Golf and Country Club shall return to the Town of Duxbury and so that Johnson Golf Management, Inc., shall vacate the properties comprising the country club. 4. In accordance with the Superior Court ORDER, that process shall proceed immediately, and in an orderly and cooperative manner. REASONING:..." (Sikora, J.) *Notice/Attest/Image.
04/06/2011 Memo: Order of paper #12, notified the parties by telephone and fax also.
04/29/2011 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Johnson Golf Management, Inc.
05/09/2011 ORDER: "I hereby DENY the petition by Johnson Golf Management, Inc., for relief pursuant to G. L. c. 231 , § 118 (docket entry 13) submitted on April 29, 2011. REASONING. 1. Johnson Golf is requesting relief from the order of the Superior Court judge of March 30, 2011. That order vacated preliminary injunctive relief previously granted by the judge in favor of Johnson Golf Management on November 24, 2010. Among other directives, it compelled Johnson Golf Management (1) forthwith to return full control and management of the North Hill Golf and Country Club to defendant Town of Duxbury, and (2) forthwith to vacate all the properties comprising the North Hill Golf and Country Club. 2. By Order dated April 6, 2011, I lifted a stay of the judge's order of March 30, 2011, so as to give it full force and effect. 3. By the present petition for relief under G. L. c. 231, § 118, Johnson Golf Management is proposing redundant consideration of the same issues covered in multiple prior interlocutory papers in this court. 4. The standard of review for allowance of c. 231, § 118, relief is whether the trial court has committed clear error of law or abuse of discretion. Aspinall v. Phillip Morris Companies, Inc., 442 Mass. 381, 390 (2004); Jet-Line Services, Inc. v. Board of Selectman of Stoughton, 25 Mass. App. Ct. 645, 646 (1988); and Manfrates v. Lawrence Plaza Limited Partnership, 41 Mass. App. Ct. 409, 412 (1996). The present petition materials fail to show either an error of law or an abuse of discretion. In particular, the petition fails to address the Superior Court judge's observation that Johnson Golf Management did not participate in the rebidding process of March, 2011, and that it has not explained how any claimed entitlement to remain in management of the golf club survives that rebidding and the resulting selection of successor Pilgrim Golf, LLC, by the Town. See G. L. c. 30B, §§ 9 and 5, 6." (Sikora, J.). *Notice/Attest/Image