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Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

Case Last Refreshed: 5 months ago

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Kaschuluk, Jeffrey, Maitino, Michael J., Westbay Development, Inc., filed a(n) General Adminstrative - Administrative case represented by Billman-Golemme, Esq., Kate C, Cosmas, Jr., Esq., William G, Fitch, Esq., Jonathan W, against Berman, Barry H., Berman, Peggy Mccarthy, Board Of Selectmen Of Nantucket, Hoyt, Joan M., Hoyt, Philip, (total of 8) See All represented by Alger, Esq., Sarah F, Berman, Esq., Kenneth R, Pucci, Esq., George X, in the jurisdiction of Nantucket County, MA, . Nantucket County, MA Superior Courts .

Case Details for Kaschuluk, Jeffrey v. Berman, Barry H. , et al.

Case Number

(Subscribe to View)

Filing Date

June 24, 2015

Category

Actions Involving The State/Municipality

Last Refreshed

November 23, 2023

Practice Area

Administrative

Filing Location

Nantucket County, MA

Matter Type

General Adminstrative

Parties for Kaschuluk, Jeffrey v. Berman, Barry H. , et al.

Plaintiffs

Kaschuluk, Jeffrey

Maitino, Michael J.

Westbay Development, Inc.

Attorneys for Plaintiffs

Billman-Golemme, Esq., Kate C

Cosmas, Jr., Esq., William G

Fitch, Esq., Jonathan W

Defendants

Berman, Barry H.

Berman, Peggy Mccarthy

Board Of Selectmen Of Nantucket

Hoyt, Joan M.

Hoyt, Philip

Montgomery, Margot S.

Montgomery, Thomas M.

Nantucket Historic District Commission

Attorneys for Defendants

Alger, Esq., Sarah F

Berman, Esq., Kenneth R

Pucci, Esq., George X

Case Documents for Kaschuluk, Jeffrey v. Berman, Barry H. , et al.

for Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

Rescript received from Appeals Court; judgment VACATED . Judgment vacated. A new judgment shall enter affirming the second board decision to the extent that it set aside the certificate and remanded the owner's application to the commission. The commission shall consider any application in accordance with the act and consistent with the opinion of the Appeals Court.

Date: July 02, 2019
for Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

ORDER: for Special Assignment

Date: September 19, 2016
for Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

Findings of Fact and Rulings of Law: ORDER OF JUDGMENT: Based upon the foregoing findings and rulings, it is hereby ORDERED that judgment enter in favor of the Plaintiffs (Defendants in this Consolidate Case 1575CV00019), the Montgomery's, Berman's, and Hoyt's to the extent that BOS I and BOS II, as well as HDC II are VACATED. HDC I remains in full force and effect (See file for full text).

Date: March 07, 2017
for Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

ANSWER to Original Complaint received from Defendants Thomas M. Montgomery, Margot S. Montgomery, Joan M. Hoyt, Philip Hoyt, Barry H. Berman, and Peggy McCarthy Berman

Date: July 27, 2015
for Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

JUDGMENT/ORDER after Rescript: The original judgment (#50.0) is Vacated. A new judgment (on consolidated case 1575CV00003, 1575CV00018, 1575CV00019) shall enter affirming the second board decision to the extent that it set aside the certificate and remanded the owner's application to the commission. The commission shall consider any application in accordance with the act and consistent with the opinion of the Appeals Court.

Date: July 02, 2019
for Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

Judgment. It is ORDERED and ADJUDGED:: That judgment is entered in favor of the Plaintiffs (Defendants in 1575CV00019), the Montgomery's, Berman's, and Hoyt's to the extent that BOS I and BOS II, as well as HDC II are VACATED. HDC I remains in full force and effect. Attested Copies mailed 03/21/17 JWF/KRB/SFA/GXP Judgment VACATED 7/2/19. See P#55 Judgment After Rescript.

Date: March 20, 2017
for Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

ORDER: Pre-Trial Order Jury Waive Trial scheduled 9/26/16, to follow jury case scheduled for that date. All motions in limine to be filed by 4:00PM 9/20/16.

Date: May 11, 2016
for Kaschuluk, Jeffrey Et Al Vs. Board Of Selectmen Of Nantucket Et Al

Original civil complaint filed.

Date: June 24, 2015

Case Events for Kaschuluk, Jeffrey v. Berman, Barry H. , et al.

Date Type Description
July 02, 2019 Docket Event Rescript received from Appeals Court; judgment VACATED . Judgment vacated. A new judgment shall enter affirming the second board decision to the extent that it set aside the certificate and remanded the owner's application to the commission. The commission shall consider any application in accordance with the act and consistent with the opinion of the Appeals Court.
View Document
July 02, 2019 Docket Event JUDGMENT/ORDER after Rescript: The original judgment (#50.0) is Vacated. A new judgment (on consolidated case 1575CV00003, 1575CV00018, 1575CV00019) shall enter affirming the second board decision to the extent that it set aside the certificate and remanded the owner's application to the commission. The commission shall consider any application in accordance with the act and consistent with the opinion of the Appeals Court.
View Document
November 08, 2017 Docket Event Notice of Entry of appeal received from the Appeals Court No. 2017-P-1432
October 23, 2017 Docket Event Appeal: notice of assembly of record sent to Counsel Applies To: Alger, Esq., Sarah F (Attorney) on behalf of Montgomery, Thomas M. (Defendant); Pucci, Esq., George X (Attorney) on behalf of Board of Selectmen of Nantucket (Defendant); Berman, Esq., Kenneth R (Attorney) on behalf of Berman, Barry H. (Defendant); Fitch, Esq., Jonathan W (Attorney) on behalf of Kaschuluk, Jeffrey (Plaintiff); Cosmas, Jr., Esq., William G (Attorney) on behalf of Kaschuluk, Jeffrey (Plaintiff); Billman-Golemme, Esq., Kate C (Attorney) on behalf of Kaschuluk, Jeffrey (Plaintiff)
October 23, 2017 Docket Event Notice to Clerk of the Appeals Court of Assembly of Record
October 23, 2017 Docket Event Appeal: Statement of the Case on Appeal (Cover Sheet).
October 16, 2017 Docket Event CD of Transcript of 11/09/2016 09:30 AM Jury Waived Trial, 11/10/2016 09:00 AM Jury Waived Trial, 11/21/2016 09:00 AM Jury Waived Trial, 12/19/2016 09:00 AM Jury Waived Trial received from Donna Holmes Dominguez.
October 10, 2017 Docket Event CD of Transcript of 11/09/2016 09:30 AM Jury Waived Trial, 11/10/2016 09:00 AM Jury Waived Trial, 11/21/2016 09:00 AM Jury Waived Trial, 12/19/2016 09:00 AM Jury Waived Trial received from DH Reporting Services, Donna Holmes Dominguez Disk arrived broken, returned to transcriber.
August 28, 2017 Docket Event Transcript received - CD of PDF Transcript of November 2, 2016 Motions in Limine, Suffolk Superior Court
May 15, 2017 Docket Event Attorney appearance On this date William G. Cosmas, Jr., Esq. added as Private Counsel for Plaintiffs Jeffrey Kaschuluk, Westbay Development, Jeffrey Kaschuluk Trustee of Nanticut Realty Trust
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