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Boyle, Douglas M. Vs. Town Of Billerica Board Of Appeals Et Al

Case Last Refreshed: 6 months ago

Boyle, Douglas M., filed a(n) Zoning - Property case against Colantuoni, Richard C, Dampolo, Salvatore A, Foye, James E, Medeiros, Trustee Of The Sunrise Realty Trust, George M., Pearson, Doris M, (total of 7) See All represented by Eichman, Esq., Jonathan David, Reich, Esq., Mark R, in the jurisdiction of Middlesex County, MA, . Middlesex County, MA Superior Courts .

Case Details for Boyle, Douglas M. v. Colantuoni, Richard C , et al.

Filing Date

November 10, 2014

Category

Real Property

Last Refreshed

November 24, 2023

Practice Area

Property

Filing Location

Middlesex County, MA

Matter Type

Zoning

Parties for Boyle, Douglas M. v. Colantuoni, Richard C , et al.

Plaintiffs

Boyle, Douglas M.

Attorneys for Plaintiffs

Defendants

Colantuoni, Richard C

Dampolo, Salvatore A

Foye, James E

Medeiros, Trustee Of The Sunrise Realty Trust, George M.

Pearson, Doris M

Sargent, Ellen

Town Of Billerica Board Of Appeals

Attorneys for Defendants

Eichman, Esq., Jonathan David

Reich, Esq., Mark R

Case Events for Boyle, Douglas M. v. Colantuoni, Richard C , et al.

Type Description
Docket Event ORDER: AMENDED JUDGMENT ON MOTION TO DISMISS (Mass. R. Civ. P. 12(b)(1) and (6) - This action came on for hearing before the Court, Thomas P. Billings, Justice, presiding, upon the Defendant, George M. Medeiros, Trustee of Sunrise Realty Trust's Motion to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(1) and (6), and the Court having allowed said motion after hearing, it is ORDERED and ADJUDGED: The above entitled action in its entirety be and hereby is dismissed and the defendants recover their costs
Docket Event ORDER: JUDGMENT ON MOTION TO DISMISS: (Mass. R. Civ. P. 12(b)(L) and (6) it is ORDERED AND ADJUDGED: That the Complaint of the plaintiff is hereby dismissed against the defendant, George M. Medeiros, Trustee of Sunrise Realty Trust, and the defendant recovers its costs of action.
Docket Event Endorsement on Motion to dismiss (#4.0): ALLOWED After hearing on 12/8/15, the defendant Medeiros only appearing, ALLOWED. It is undisputed that the plaintiff did not file his complaint with the Town clerk within 20 days of filing in court, a jurisdictional prerequisite to an appeal to this court. See O'Blenes v. 28A of Lynn, 397 Mass. 555, 558 (1986); Konover Management Corp v. Planning Bd. Of Auburn, 32 Mass. App. Ct. 319, 322-23 (1992). Dated: December 9, 2015
Docket Event Event Result: The following event: Rule 12 Hearing scheduled for 12/08/2015 02:00 PM has been resulted as follows: Result: Held as Scheduled
Docket Event The following form was generated: Notice to Appear Sent On: 06/04/2015 12:23:49
Docket Event Event Result: The following event: Rule 12 Hearing scheduled for 08/11/2015 02:00 PM has been resulted as follows: Result: Rescheduled Reason: By Court prior to date Appeared:
Docket Event Party status: Defendant Pearson, Doris M: No Service; was sent certified mail to known address, mail returned unclaimed. 2/23/15
Docket Event Service Returned for Defendant Foye, James E: Service via certified mail;2/13/15
Docket Event Service Returned for Defendant Medeiros, Trustee of the Sunrise Realty Trust, George M.: Service via certified mail;2/7/15
Docket Event Affidavit of written notice pursuant to MGL 40A, sec.17 re:service of complaint by certified mail to all members of the Board of Appeals Applies To: Town Of Billerica Board Of Appeals (Defendant); Colantuoni, Richard C (Defendant); Pearson, Doris M (Defendant); Sargent, Ellen (Defendant); Foye, James E (Defendant); Dampolo, Salvatore A (Defendant); Medeiros, Trustee of the Sunrise Realty Trust, George M. (Defendant)
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