Pursuant to Article 4, Section 4.6, of the General By-Laws of the Town, I herewith submit my report concerning the professional services I rendered to the Town during the year 2003.
The following is an outline as of December 31, 2003, of each suit or claim tried, settled, disposed of or pending during the year.
I. Suits and Claims Tried, Settled or Otherwise Closed
Allen, Kathleen, et als. v. Town: Plaintiffs filed an Open Meeting Law challenge against the Town. Summary Judgment entered on behalf of the Town on December 1, 2000. Plaintiffs filed a Notice of Appeal on January 4, 2001. Oral argument in the Appeals Court took place November 8, 2002. Judgment of Trial Court affirmed on appeal on August 4, 2003.
Astourian, Beverly v. Town: Claim for personal injury resulting to a fall on a sidewalk on Exeter Street. Case settled favorably to Town.
Bursk, Edward C. v. Belmont Zoning of Appeals: Suit filed on July 15, 1999 in the Land Court alleging violations of M.G.L. c. 40A. Case dismissed January 2003.
Eakin et al. v. Town of Belmont: Middlesex Superior Court claim of illegal municipal appropriation related to McLean MOA. Case dismissed by Court on January 21, 2003.
Richards, Roberta v. Town: Claim for property damage due to an accident allegedly caused by gate swinging open at Kendall School. Case settled favorably to Town.
II. Suits Pending
American Retirement Corporation v. Belmont Planning Board: Suit filed December 2001 in Land Court seeking to appeal from conditions attached to site plan approval of McLean development. Case has been inactive pending decision of Board of Appeals on appeal of denial of building permit. Cross Summary Judgment Motions are pending.
Evett, Joel and Boylen, Roberta d/b/a Evett and Boylen Studios v. Town: Claim for property damage allegedly sustained from a fire at the Kendall Center for the Arts. Two tenants of the Kendall Center for the Arts are suing the Town (among others) to recover damages for their losses resulting from the fire, claiming negligence on the part of the Town. Suit was filed April 8, 2002. Discovery is on-going. Trial expected to be scheduled for late 2004.
Town of Belmont vs. Forster et al vs. Belmont Board of Appeals and Belmont High School Athletic Facilities Building Committee: Suit filed on August 16, 2001. Seeking to overturn Board of Appeals Grant of Permit for athletic field lights. Judgment entered in favor of Town on March 15, 2002. The case was heard by the Appeals Court in October 2003, but no decision has been received.
Town of Belmont vs. Toastmaster, Inc. Scheiffelin, et al: Great American Insurance Company sued to recover damages from allegedly negligent alarm company and tenants pursuant to their rights as a subrogated insurer of the Town in the Kendall Center for the Arts. Suit was filed February 26, 2002. Nancy Scheiffelin, a tenant of Kendall Center for Arts is counterclaiming against the Town (among others) to recover damages for her losses resulting from the fire, claiming negligence on the part of the Town. Suit was filed May 14, 2002. Discovery is on-going. Trial expected to be scheduled for late 2004.
Gallagher v. Town: Suit previously filed against Town in U.S. District Court alleging violations of Americans with Disabilities Act. Consent decree was entered in October, 2000 and the decree has since been amended three times, most recently in October, 2001.
Healthy Pet Corporation d/b/a Petcetera Boarding & Grooming vs. Town of Belmont et al: Petcetera Kennel filed suit on various grounds challenging validity of the General By-Law regulating kennels. Suit was filed in Middlesex Superior Court on November 13, 2003.
In Re Northland Residential Corp.: Suzanne Bass et al appealed the issuance of sewer connection permits to Northland. Northland and the Town are opposing the appeal. Hearing is scheduled for May, 2004 in the State Department of Environmental Protection.
Town of Belmont vs. Massachusetts Architectural Access Board: Suit filed in August, 2001 in Superior Court appealing decision of Board denying waiver for Athletic field press box elevator. Town has appealed adverse decision of Supreme Court to Appeals Court. No hearing has been scheduled.
III. Claims Pending Without Suit
Alch, Ann v. Town: Claim for personal injury to her son allegedly due to the re-paving of Beech Street.
Allen, Richard v. Town: Claim for vehicle damage allegedly due to a fallen tree.
Awerman, Daniel v. Town: Claim for property damage allegedly due to fallen tree.
Ayvazian, Jeanette v. Town: Claim for personal injury allegedly due to defect in public way.
Blanchette, Michelle v. Town: Claim for vehicle damage allegedly due to defect in public way.
Busa, Gale v. Town: Claim for property damage alleged caused by the re-paving of Beech Street.
Carreiro, Mary v. Town: Claim for personal injury allegedly due to defect in public way.
Carroll, Mary v. Town: Claim for personal injury allegedly due to defect in public way.
Clark, Tom v. Town: Claim for property damage allegedly caused by the re-paving of Beech Street.
Christodoulo, George & Pamela v. Town: Claim for property damage allegedly caused due to defect in public way.
Delaney, Mary v. Town: Claim for vehicle damage allegedly caused on Lewis Road.
Condon, Esther v. Town: Claim for personal injury allegedly due to defect in public way.
Gilligan, Brian v. Town: Claim for sexual assault(s) by Belmont Police Officer when Gilligan was a minor.
Griffin, Paul and Susan v. Town: Claim for vehicle damage allegedly due to fallen tree.
Hagopian, Roger K. v. Town: Claim for personal injury allegedly resulting from a car collision.
Howes, Dorothy v. Town: Claim for personal injury allegedly due to defect in public way.
Katragadda, Aninda v. Town: Claim for property damage allegedly caused by fallen tree.
Kulahian, Eric v. Town: Claim for vehicle damage allegedly caused by construction on Prospect Street.
Langdon, Thomas N. v. Town: Claim for vehicle damage allegedly caused by defect in public way.
Lepera, Joseph v. Town: Claim for property damage allegedly caused by fallen tree.
Lerner, Lisa v. Town: Claim for vehicle damage allegedly due to collision by vehicle operated by employee of Town.
Lucas, Rhonda J. v. Town: Claim for personal injury allegedly due to defect in public way.
MacLeod, Blaine E. v. Town: Claim for personal injuries due to injury at Chenery Middle School.
Mahnke, Shirley c. Town: Claim for property damage allegedly caused by fallen tree.
Markman, Esther H. v. Town: Claim for vehicle damage allegedly due to a fallen tree limb.
Masse, Jr., Robert v. Town: Claim for vehicle damage allegedly due to defect in public way.
Mazzola, Matthew v. Town: Claim for damages allegedly sustained as a result of the omission of Mr. Mazzola’s photograph in the 2000 Belmont High School Yearbook.
Mauger, Michael v. Town: Claim for vehicle damage allegedly due to fallen tree.
Mechaber, Jerry v. Town: Claim for vehicle damage allegedly due to a fallen tree branch.
Menendez, Isabel Lourdes: Claim for personal injury allegedly due to defect in public way.
Mosca, Irene W. v. Town: Claim for personal injury at the Belmont Cemetery.
Peach, Phyllis v. Town: Claim for personal injuries allegedly due to defect in public way.
Peterson, Phyllis v. Town: Claim for personal injuries allegedly due to defect in public way.
Riva, Maina v. Town: Claim for personal injuries allegedly sustained at softball field.
Russo, Richard (Town employee) v. Garber, Jody: Claim for vehicle damage as a result of a collision.
Ryan, Marian v. Town: Claim for vehicle damage as a result of fallen tree limb.
Saia, Lorraine v. Town: Claim for personal injury allegedly due to defect in public way.
Safety Insurance, as Subrogee of Khoren Badgasarian v. Town: Claim for property damage reimbursement allegedly due to a collision with a Belmont Police vehicle.
Safety Insurance, as Subrogee of Otis Realty, Inc. v. Town: Claim for property damage and personal injury allegedly due to negligence of police officer as he was directing traffic.
School, Joan v. Town: Claim for vehicle damage allegedly caused due to defect in sidewalk.
Siegel, William v. Town: Claim for property damage allegedly due to a fallen tree.
Stamos, Tracy L. v. Town: Claim for property damage alleged due to defect in public way.
Stine, Sue Ellen v. Town: Claim for vehicle damage allegedly due to fallen tree.
Sturgis, Ecaterini v. Town: Claim for personal injury allegedly due to defect in public way.
Sullivan, Edward and Elizabeth v. Town: Claim for personal injury to child at Winn Brook School allegedly caused by boys playing soccer.
Tam, James v. Town: Claim for property damage allegedly sustained by a tree branch that fell on vehicle.
Trimarchi, Gina v. Town: Claim for vehicle damage allegedly caused by defect in public way.
Verizon v. Town: Claim for underground property damage allegedly caused by Light Department.
Vogan, Matthew v. Town: Claim for personal injury allegedly occurring at Chenery Middle School.
Winn Brook Area Property Owners v. Town: Claim for property damage allegedly sustained by families at 6 Newcastle Road, 271 and 291 Channing Road as a result of sewage back up.
Yphantis, Alexander v. Town: Claim for property damage to fence on rental property on Thomas Street allegedly due to defect in public way.
Zevitas, Demos v. Town: Claim for vehicle damage allegedly caused by defect in public way.
During the year I conferred with and rendered oral and written opinions on various matters to the Board of Selectmen, Board of Survey, Town Administrator, School Board, Town Accountant, Bond Counsel, Labor Counsel, Cemetery Commission, Town Clerk, Board of Appeals, Board of Assessors, Conservation Commission, Historic District Commission, Permanent Building Advisory Committee, Warrant Committee, By-Law Review Committee, Town Engineer, Building Inspector, Fire Department, Board of Health, Highway Department, Librarian, Department of Building and Grounds, Town Moderator, Municipal Light Department, Planning Board, Recreation Commission, Police Department, Retirement Board, Town Treasurer, Zoning Enforcement Officer, Tree Warden, and the Water Commissioners.
I prepared and/or approved various bylaws, contracts, licenses, specifications, releases, rules, regulations, liens and waivers for the several Boards, Committees and Departments of the Town.
The Annual Town Election, the Annual Town Meeting, the Special Town Meeting of April 30, 2003, the Special Election of August 11, 2003 and the Special Town Meeting of November 17, 2003 involved the preparation of some 64 Warrant Articles with accompanying Motions and Notes.
In addition to appearances at sessions of the Massachusetts Superior Court, Land Court and various District Courts, I represented the Town before the Federal Court of Appeals, the Federal District Court, Federal Bankruptcy Court and the Appellate Tax Board.
Monthly statements itemized in detail were submitted to cover those services performed during the year. Computed on the basis of hourly charges for time actually spent on Town matters in 2003, they totaled $633.75 for the Municipal Light Department; $472.50 for the Town Hall Annex Building Committee; $933.75 for Fire Station Building Committee and $132,643.50 for all other services to the Town. In addition, the Town was billed $6,330.01 for disbursements incurred and paid on its behalf.
I wish to express my thanks to the Board of Selectmen and all the other Boards, Town Officers, Department Heads, Committees and Town employees for their cooperation and assistance during 2003.
Respectfully submitted,
Robert J. Morrissey, Town Counsel
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