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Stanley Street Treatment and Resources, Inc. doing business as SSTAR vs. David Assad Individually and as a member of The Zoning Board of Appeals of the City of Fall River et al
On December 17, 2018 a zoning appeal, g.l. c. 40a case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Bristol County, MA. Judge Thomas J. Perrino presiding.
Case Details
Case Number
Filing Date
December 17, 2018
Last Refreshed
December 09, 2023
Filing Location
Bristol County, MA
Category
Real Property
Practice Area
Property
Matter Type
Zoning
Status
Dismissal
OTHER JUDGES ON THIS CASE
Overview
This is a zoning appeal pursuant to Mass.G.L. c. 40A in which Plaintiff
requests reversal of a zoning decision of the City of Fall River Zoning Board of
Appeals and related needed preliminary injunctive relief concerning Plaintiff's
entitlement to a building permit under the so-called Massachusetts Dover
Amendment, and the Massachusetts Equal Rights Act, and applicable state and
federal law in regard to a planned substance abuse education and treatment
facility to be licensed by the Commonwealth of Massachusetts. Defendants'
actions to date result from a facially discriminatory intent rooted in parochialLAW OFFICES OF
Causes of Action
COUNT ONE - CHAPTER 40A ZONING APPEAL vs. ZBA
COUNT TWO - DECLARATORY JUDGMENT VS. CITY OF FALL RIVER, ZONING BOARD OF APPEALS, AND BUILDING INSPECTOR
COUNT THREE - PRELIMINARY INJUNCTIVE RELIEF VS. CITY OF FALL RIVER, ZONING BOARD OF APPEALS, AND BUILDING INSPECTOR
COUNT FOUR - AMERICANS WITH DISABILITIES ACT VS. CITY OF FALL RIVER, ZONING BOARD OF APPEALS (INDIVIDUALLY
COUNT FIVE - REHABILITATION ACT OF 1973 VS. CITY OF FALL RIVER,
Parties
Plaintiffs
Stanley Street Treatment And Resources, Inc.
Attorneys for Plaintiffs
Beauregard, Esq., Philip N
Burke, Jr., Esq., Richard Erwin
Viana, Esq., Matthew
Defendants
Assad, David
Brilhante, Gregory
Calkins, James
City Of Fall River, Massachusetts
Frank, John
Hathaway, Glenn
Morrissette, Carolyn
Attorneys for Defendants
Howayeck, Gary P
Case Documents
Affidavit of Dr. Genie L. Bailery
Date: Jan 10, 2019
Affidavit of Notice Pursuant to G. L. Chapter40A, Section 17
Date: Dec 28, 2018
Affidavit of Gary R. Schuyler
Date: Dec 21, 2018
Affidavit of Nancy E. Paull in Support of Motion for Preliminary Injunction
Date: Dec 21, 2018
Civil action cover sheet filed.
Date: Dec 17, 2018
Original civil complaint filed.
Date: Dec 17, 2018
Case assigned to: DCM Track F - Fast Track was added on 12/17/2018
Date: Dec 17, 2018Case Events
| Date | Type | Description | |
|---|---|---|---|
| February 17, 2021 | Docket Event |
Endorsement on Motion to extend tracking order deadlines (#16.0): ALLOWED by agreement. Deadlines extended as requested Judge: Fregault, Garrett R
Judge: Garrett RFregault |
|
| February 11, 2021 | Docket Event | Plaintiffs Stanley Street Treatment and Resources, Inc. doing business as SSTAR's Assented to Motion to extend tracking deadline(s) | |
| November 03, 2020 | Docket Event |
Endorsement on Motion to extend tracking deadline(s) (#15.0): ALLOWED by agreement. Deadlines extended as requested Judge: Fregault, Garrett R
Judge: Garrett RFregault |
|
| November 02, 2020 | Docket Event | Plaintiff Stanley Street Treatment and Resources, Inc. doing business as SSTAR's Joint Motion to extend tracking deadline(s) | |
| April 28, 2020 | Docket Event |
Endorsement on Motion to extend tracking deadline(s) (#14.0): ALLOWED by agreement, Discovery extended to 11/1/2020 and all tracking deadlines to extend accordingly thereafter. Judge: Hopkins, Hon. Merita A
Judge:
Hopkins, Merita
|
|
| April 27, 2020 | Docket Event | Plaintiff Stanley Street Treatment and Resources, Inc. doing business as SSTAR's Assented to Motion to extend tracking deadline(s) | |
| February 06, 2020 | Docket Event | Attorney appearance On this date Joseph I Macy, Esq. dismissed/withdrawn as City / Town Counsel for Defendant City of Fall River, Massachusetts | |
| December 05, 2019 | Docket Event |
Endorsement on Motion to extend tracking deadline(s) (#12.0): ALLOWED by agreement. Deadlines extended as requested Judge: McGuire, Jr., Hon. Thomas F
Judge: Jr., Thomas FMcGuire Jr. |
|
| November 27, 2019 | Docket Event | Plaintiff Stanley Street Treatment and Resources, Inc. doing business as SSTAR's Joint Motion to extend tracking deadline(s) 01/10/2019 02:00 PM Hearing on Preliminary Injunction | |
| October 22, 2019 | Docket Event |
Endorsement on Motion to extend tracking deadline(s) (#11.0): ALLOWED by agreement - deadlines extended as requested Judge: Fregault, Garrett R
Judge: Garrett RFregault |
|
| October 16, 2019 | Docket Event | Plaintiff Stanley Street Treatment and Resources, Inc. doing business as SSTAR's Assented to Motion to extend tracking deadline(s) | |
| January 24, 2019 | Docket Event |
MEMORANDUM & ORDER: on Plaintiff's Motion for Preliminary Injunction ..For the above stated reasons, the plaintiff's motion for preliminary injunction ordering that a building permit issue is DENIED. Judge: Perrino, Hon. Thomas J
Judge:
Perrino, Thomas
|
|
| January 10, 2019 | Docket Event | Attorney appearance On this date Gary P Howayeck added as City / Town Counsel for Defendant Glenn Hathaway Individually and in his/her capacity As Inspector of Buildings for the City of Fall River | |
| January 10, 2019 | Docket Event | Attorney appearance On this date Gary P Howayeck added as City / Town Counsel for Defendant John Frank Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 10, 2019 | Docket Event | Attorney appearance On this date Gary P Howayeck added as City / Town Counsel for Defendant James Calkins Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 10, 2019 | Docket Event | Attorney appearance On this date Gary P Howayeck added as City / Town Counsel for Defendant Carolyn Morrissette Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 10, 2019 | Docket Event | Attorney appearance On this date Gary P Howayeck added as City / Town Counsel for Defendant Gregory Brilhante Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 10, 2019 | Docket Event |
Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 01/10/2019 02:00 PM Has been: Held - Under advisement Hon. Thomas J Perrino, Presiding Appeared: Plaintiff Philip N Beauregard, Esq., Private Counsel Matthew Viana, Esq., Private Counsel Defendant Joseph I Macy, Esq., City / Town Counsel Gary P Howayeck, City / Town Counsel Staff: Garrett Fregault, Assistant Clerk Magistrate 01/10/2019 02:00 PM Digital Recording Device Bris CV B, Court Reporter 01/10/2019 02:00 PM
Judge: Perrino, Thomas J |
|
| January 10, 2019 | Docket Event | Attorney appearance On this date Gary P Howayeck added as City / Town Counsel for Defendant David Assad Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 10, 2019 | Docket Event | Attorney appearance On this date Gary P Howayeck added as City / Town Counsel for Defendant City of Fall River, Massachusetts | |
| January 10, 2019 | Docket Event | Affidavit of Dr. Genie L. Bailery | |
| January 10, 2019 | Docket Event | Attorney appearance On this date Matthew Viana, Esq. added as Private Counsel for Plaintiff Stanley Street Treatment and Resources, Inc. doing business as SSTAR | |
| January 09, 2019 | Docket Event | City of Fall River, Massachusetts's Memorandum in opposition to Plaintiff's Motion for Preliminary Injunction | |
| January 09, 2019 | Docket Event | Opposition to #4 Plaintiff's Motion for Preliminary Injunction filed by City of Fall River, Massachusetts | |
| January 09, 2019 | Docket Event | Attorney appearance On this date Joseph I Macy, Esq. added as City / Town Counsel for Defendant John Frank Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 09, 2019 | Docket Event | Attorney appearance On this date Joseph I Macy, Esq. added as City / Town Counsel for Defendant Glenn Hathaway Individually and in his/her capacity As Inspector of Buildings for the City of Fall River | |
| January 09, 2019 | Docket Event | Attorney appearance On this date Joseph I Macy, Esq. added as City / Town Counsel for Defendant City of Fall River, Massachusetts | |
| January 09, 2019 | Docket Event | Attorney appearance On this date Joseph I Macy, Esq. added as City / Town Counsel for Defendant James Calkins Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 09, 2019 | Docket Event | Attorney appearance On this date Joseph I Macy, Esq. added as City / Town Counsel for Defendant Carolyn Morrissette Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 09, 2019 | Docket Event | Received from Defendants: Answer to original complaint Applies To: David Assad Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); Gregory Brilhante Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); Carolyn Morrissette Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); James Calkins Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); John Frank Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); Glenn Hathaway Individually and in his/her capacity As Inspector of Buildings for the City of Fall River (Defendant); City of Fall River, Massachusetts (Defendant) | |
| January 09, 2019 | Docket Event | Attorney appearance On this date Joseph I Macy, Esq. added as City / Town Counsel for Defendant Gregory Brilhante Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| January 09, 2019 | Docket Event | Attorney appearance On this date Joseph I Macy, Esq. added as City / Town Counsel for Defendant David Assad Individually and as a member of The Zoning Board of Appeals of the City of Fall River | |
| December 28, 2018 | Docket Event | Affidavit of Notice Pursuant to G. L. Chapter40A, Section 17 | |
| December 21, 2018 | Docket Event | Affidavit of Gary R. Schuyler | |
| December 21, 2018 | Docket Event | Stanley Street Treatment and Resources, Inc. doing business as SSTAR's Memorandum in support of Motion for Preliminary Injunction | |
| December 21, 2018 | Docket Event | Affidavit of Nancy E. Paull in Support of Motion for Preliminary Injunction | |
| December 21, 2018 | Docket Event | Plaintiff(s) Stanley Street Treatment and Resources, Inc. doing business as SSTAR's Motion for a Preliminary Injunction | |
| December 21, 2018 | Docket Event | Plaintiff(s) Stanley Street Treatment and Resources, Inc. doing business as SSTAR's MOTION for Short Order of Notice Applies To: David Assad Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); Gregory Brilhante Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); Carolyn Morrissette Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); James Calkins Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); John Frank Individually and as a member of The Zoning Board of Appeals of the City of Fall River (Defendant); Glenn Hathaway Individually and in his/her capacity As Inspector of Buildings for the City of Fall River (Defendant); City of Fall River, Massachusetts (Defendant) | |
| December 21, 2018 | Docket Event | Case sent to Bristol County - NEW BEDFORD Location. | |
| December 18, 2018 | Docket Event |
One Trial case reviewed by Clerk, case to remain in the Superior Court. Judge: Losowski, John F
Judge: John FLosowski |
|
| December 17, 2018 | Docket Event | Civil action cover sheet filed. | |
| December 17, 2018 | Docket Event | Demand for jury trial entered. | |
| December 17, 2018 | Docket Event | Original civil complaint filed. | |
| December 17, 2018 | Docket Event | Case assigned to: DCM Track F - Fast Track was added on 12/17/2018 | |
| December 17, 2018 | Docket Event | Attorney appearance On this date Richard Erwin Burke, Jr., Esq. added as Private Counsel for Plaintiff Stanley Street Treatment and Resources, Inc. | |
| December 17, 2018 | Docket Event | Attorney appearance On this date Philip N Beauregard, Esq. added as Private Counsel for Plaintiff Stanley Street Treatment and Resources, Inc. |
