Join us for a day in court for the the residents of Boston and the metro-region.
Tuesday, Nov. 9, 9:30 a.m.
John Adams Courthouse
3 Center Plz # 7
Boston, MA 02108-2003
For directions and handicap accessibility, click here.
Legal Update
On February 13, 2007, the Arborway Committee, Inc., and 12 Jamaica Plain and Mission Hill residents sued the Massachusetts Executive Office of Transportation and the Department of Public Works alleging breach of a written memorandum of understanding requiring restoration of electric streetcar service to Jamaica Plain.
In response to the suit, the state defendants filed s motion for summary judgement contending that the suit was filed after the statute of limitations had expired. In opposition to that motion, the Arborway Committee contended, among other things, that having utilized the environmental review provisions of the agreement and the regulations to delay restoration, the state defendants legally cannot now claim that the suit was filed too late.
On May 27, 2009, the superior court judge allowed the state defendants’ motion and thereafter dismissed the suit on that basis. On July 25, the Arborway Committee and the other plaintiffs timely filed a notice of appeal to the Massachusetts Appeals Court.
The Arborway Committee's initial brief on appeal was filed in the Appeals Court on February 12, 2010. The state defendants’ brief on appeal was filed on May 14, 2010, and the Arborway Committee reply brief was filed in the Appeals Court on June 18, 2010.
The appeal will not be decided until sometime after a three-judge panel of Appeals Court judges hears oral argument by the attorneys on the issues raised by the briefs.
Those oral argument have now been scheduled by the Appeals Court, see above.
Please join us on:
Tuesday, Nov. 9, 9:30 a.m.
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