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Court Case Record ROGER AIELLO vs. PLANNING BOARD OF BRAINTREE & others 2011-J-0073 UID(93f9)


ROGER AIELLO vs. PLANNING BOARD OF BRAINTREE & others Court Case Record

Court Case Number: 2011-J-0073


 
Case Number2011-J-0073
Case TitleROGER AIELLO vs. PLANNING BOARD OF BRAINTREE & others
Case TypeCivil
StateMassachusetts, MA
CountyLand
CourtLand Court
Court Address
Phone
Field Date02/18/2011
Close Date03/04/2011

Parties

CounselNameType
David A. Kellem, EsquireRoger AielloPlaintiff/Petitioner
Carolyn Murray, Esquire Deborah I. Ecker, EsquirePlanning Board o BraintreeDefendant/Respondent
Jeffery A. Tocchio, EsquireRMT Braintree LLCDefendant/Respondent
Jeffery A. Tocchio, EsquireMcCourt ConstructionDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
02/18/2011 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Roger Aiello.
02/28/2011 #2 Joint Opposition to Petition with attachments, filed by Planning Board of Braintree, RMT Braintree LLC, & McCourt Construction.
03/04/2011 #3 ORDER: "Pursuant to G. L. c. 231, § 118 (first par.), the plaintiff Roger Aiello seeks review of, or leave to take an interlocutory appeal from, a January 20, 2011 order allowing the defendants' Motion to Dismiss Count II of the Plaintiff's First Amended Complaint...In dismissing the plaintiff's Art. 29 complaint, the judge concluded that "the Plaintiff does not have standing to bring a claim under Art. 29, because he was not the applicant for the special permit modification." The judge reasoned that the plaintiff abutter has no "real or legal interest in the Planning Board proceedings," and furthermore, that G. L. c. 40A, § 17, affords the plaintiff presumptive standing and an adequate remedy...The single justice has authority to reinstate a claim, see Gibbs Ford v. United Truck Leasing, 399 Mass. 8, 11 (1987), and I am not persuaded that the unresolved concerns regarding the Art. 29 claim can best be resolved absent a full record for appeal following any discovery and trial. Rather than grant leave to file an interlocutory appeal, I accordingly order that Count II of the Amended Complaint be reinstated." (Lenk, J.) *Notice/Attest/Trombly, J./Image.