16 MISC 000631 Monogram Residential 22 Water Street Project Owner, LLC v. Constantine Alexander Member of the City of Cambridge Board of Zoning Appeal , et al. VHAY

Case Type
Miscellaneous
Initiating Action:
ZAC - Appeal from Zoning/Planning Board, G.L. Chapter 40A, ยง 17
Case Status
Closed
Status Date:
08/14/2017
File Date
10/18/2016
Case Judge:
Vhay, Hon. Michael D
DCM Track:
Next Event:

Property Address

22 Water Street
Cambridge

Party Information

Monogram Residential 22 Water Street Project Owner, LLC - Plaintiff
Party Attorney
Attorney
Kampas, Esq., Jean L. R.
Bar Code
676308
Address
Nutter McClennen & Fish LLP
1471 Iyannough Rd PO Box 1630
Hyannis, MA  02601
Phone Number
(508)790-5400
Attorney
Turano-Flores, Esq., Sarah
Bar Code
565114
Address
Nutter McClennen & Fish
Route 132-1471 Iyannough Rd PO Box 1630
Hyannis, MA  02601
Phone Number
(508)790-5400
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Alexander, Constantine - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Hughes, Timothy - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Sullivan, Brendan - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Green, Janet O. - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Scott, Thomas - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Myers, Douglas - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Anderson, Slater W. - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Hickey, Andrea A. - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Hammer, Alison - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Monteverde, Jim - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Best, George S. - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Wernick, Laura - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Tedesco, Patrick - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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City of Cambridge Board of Zoning Appeal - Defendant
Party Attorney
Attorney
Buland, Esq., Vali
Bar Code
063710
Address
Office of the City Solicitor
City Hall
795 Massachusetts Avenue
Cambridge, MA  02139
Phone Number
(617)349-4121
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Events

Date Type Event Judge Result
12/13/2016 10:00 AMCase Management ConferenceCutler, Hon. Judith C.Event not held at the request of the parties.
01/04/2017 11:00 AMCase Management ConferenceCutler, Hon. Judith C.Case Management Conference held
08/09/2017 02:00 PMSummary Judgment HearingVhay, Hon. Michael DEvent Held

Docket Information

Docket Date Docket Text Amount Owed
10/18/2016Complaint filed.
10/18/2016Case assigned to the Fast Track per Land Court Standing Order 1:04.
10/18/2016Land Court miscellaneous filing fee Receipt: 356130 Date: 10/18/2016$240.00
10/18/2016Land Court surcharge Receipt: 356130 Date: 10/18/2016$15.00
10/18/2016Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
10/25/2016The case has been assigned to the F Track. Notice sent.
10/25/2016Event Scheduled Event: Case Management Conference Date: 12/13/2016 Time: 10:00 AM (Notice Sent to Attorneys Sarah Turano-Flores and Jean L. R. Kampas)
10/26/2016Amended Complaint filed.
11/07/2016Affidavit of Service in Compliance with G.L.C. 40A, sec. 17, filed.
11/10/2016Appearance of Attorney Vali Buland (on behalf of Defendants Members of the City of Cambridge Board of Zoning Appeal and the City of Cambridge Board of Zoning Appeal), filed.
12/06/2016Joint Case Management Conference Memorandum, filed.
12/12/2016Event Resulted The following event: Case Management Conference scheduled for 12/13/2016 10:00 AM has been resulted as follows: Result: Event not held at the request of the parties. Assented To Motion to Continue Case Management Conference to be filed. Case Management Conference date to be scheduled to a date and time certain.
12/15/2016Defendants' Assented Motion to Continue Joint Case Management Conference, filed.
12/15/2016Event Scheduled Event: Case Management Conference Date: 01/04/2017 Time: 11:00 AM
12/15/2016Defendants' Assented Motion to Continue Joint Case Management Conference ALLOWED. Case Management Conference continued to January 4, 2017 at 11:00 AM. Email notice to: Attorney Turano-Flores; Attorney Kampas; and Attorney Buland.
01/04/2017Case Management Conference Held The following event: Case Management Conference scheduled for 01/04/2017 11:00 AM has been resulted as follows: Result: Case Management Conference held Attorney Turano-Flores appeared on behalf of the Plaintiff and Attorney Buland appeared on behalf of the Defendant. Early Intervention Event held. Joint written report due within thirty (30) days (on or before February 3, 2017).
01/04/2017Alternative Dispute Resolution: Early Intervention Event held.
02/01/2017Joint Status Report, filed.
03/22/2017Joint Motion to Extend Discovery Deadline and Summary Judgment Briefing Schedule, filed.
03/23/2017Notice of Docket Entry re Joint Motion to Extend Discovery Deadline and Summary Judgment Briefing Schedule: Motion ALLOWED in part. The F Track deadlines for discovery and for filing and serving of summary judgment motions in this case are hereby extended to May 9, 2017 and June 2, 2017 respectively. The deadline to file and serve oppositions to any summary judgment motions, and the deadline to file and serve any reply briefs, shall be governed by Land Court Rule 4. A summary judgment hearing will be scheduled by the Court only after a motion for summary judgment has been filed. Notice of Docket Entry sent to: Attorney Sarah Turano-Flores; Attorney Jean L.R. Kampas; and Attorney Vali Buland.
04/24/2017Notice of Reassignment sent.
06/02/2017Defendants' Motion for Summary Judgment filed.
06/02/2017Defendants' Memorandum in Support of Motion for Summary Judgment filed. .
06/02/2017Defendants' Summary Judgment Appendix filed.
06/02/2017Plaintiff's Motion for Summary Judgment filed. .
06/02/2017Plaintiff's Statement of Undisputed Material facts in Support of Its Motion for Summary Judgment filed.
06/02/2017Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment filed. .
06/02/2017Plaintiff's Summary Judgment Appendix filed.
06/26/2017Assented to Motion to Extend Deadline for Filing and Serving Summary Judgment Opposition Briefs filed and allowed..Deadline for extended to July 14, 2017.
07/14/2017Defendants' Opposition to Plaintiff's Motion for Summary Judgment filed.
07/14/2017Defendants' Response to Plaintiff's Statement of Undisputed Material Facts in Support of Its Motion for Summary Judgment filed.
07/14/2017Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed.
07/14/2017Affidavit of Richard Dickason filed.
07/14/2017Affidavit of Robert Jason Burrell filed.
07/14/2017Plaintiff's Supplemental Summary Judgment Appendix filed.
07/14/2017Monogram Residential 22 Water Street Project Owner LLC's Response to Defendants' Statement of Undisputed Material Facts in Support of Motion for Summary Judgment filed.
07/17/2017The Court has received the parties' motions for summary judgment and their oppositions to those motions. The Court ORDERS the parties to send electronically to the Sessions Clerk, in Microsoft Word format, by July 18, 2017, their respective Statements of Undisputed Material Facts in support of their respective motions for summary judgment. SO ORDERED.
07/17/2017The Sessions Clerk has received an automatic reply from the ZBA's attorney that states that counsel will be out of the office until July 25, 2017. The Court thus ORDERS the parties to submit the electronic documents no later than 4:00 pm on July 26, 2017. SO ORDERED.
08/01/2017Scheduled Event: Summary Judgment Hearing Date: 08/09/2017 Time: 02:00 PM
08/09/2017Event Resulted The following event: Summary Judgment Hearing scheduled for 08/09/2017 02:00 PM has been resulted as follows: Result: Event Held
08/14/2017Decision issued. (Copies Sent to Attorneys Sarah Turano-Flores, Jean L. R. Kampas and Vali Buland)
08/14/2017Judgment, issued. (Copies Sent to Attorneys Sarah Turano-Flores, Jean L. R. Kampas and Vali Buland)

Financial Summary

Cost Type Amount Owed Amount Paid Amount Dismissed Amount Outstanding
$255.00 $255.00 $0.00 $0.00
Cost$255.00$255.00 $0.00 $0.00

Receipts

Receipt Number Receipt Date Received From Payment Amount
$255.00
35613010/18/2016Turano-Flores, Esq., Sarah $255.00

Case Disposition

Disposition Date Case Judge
Judgment entered.08/14/2017Vhay, Hon. Michael D