Court Case Record ROBERT E. MILNE vs. TOWN OF BERKLEY & another 2012-J-0384

ROBERT E. MILNE vs. TOWN OF BERKLEY & another Court Case Record

Court Case Number: 2012-J-0384

Case Number2012-J-0384
Case TitleROBERT E. MILNE vs. TOWN OF BERKLEY & another
Case TypeCivil
StateMassachusetts, MA
CourtBristol Superior Court
Court Address
Field Date10/15/2012
Close Date11/02/2012


Edward W. Pietnik, Jr., EsquireRobert E. MilnePlaintiff/Petitioner
David T. Gay, EsquireTown of BerkleyDefendant/Respondent
David T. Gay, EsquireMembers of the Board of SelectmanDefendant/Respondent
Entry Date Paper Entry Text
10/15/2012 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Robert E. Milne. ^
10/16/2012 #2 RE#1: Single justice review of the petition is stayed pending the trial court's action on petitioner's motion for reconsideration. Status report due on or before 10/25/12 as to the motion for reconsideration. *Notice/Attest.
10/31/2012 #3 Status report, filed by Robert E. Milne.^
11/02/2012 ORDER: The plaintiff has filed a petition pursuant to G. L. c. 231, § 118 (first par.), in which he seeks leave from the single justice to take an interlocutory appeal from an order of a Superior Court judge denying his motion for summary judgment. Single justice relief should be reserved for truly extraordinary and exceptional cases and provided only in a stinting manner. Edwin R. Sage Co. v. Foley, 12 Mass. App. Ct. 20, 25 (1981). Such exceptional circumstances are not presented here. The plaintiff has not demonstrated that the judge engaged in a clear error of law or abuse of discretion. Accordingly, the plaintiff's request that he be granted leave to take an interlocutory appeal is denied. (Sullivan, J.). *Notice/Attest/Moses, J.