Law Department Accomplishments
During Fiscal Year 2013
In-House Counsel and Litigation
In a case of first impression against the City, the City prevailed in a condominium association’s collection action against the City for unpaid unit owner fees. The Court held that the City was not liable for the fee arrearage arising from the unit owner's unpaid condominium fees regardless that the condominium trust incurred expenses for the upkeep of common areas during the period in which the City had duly-recorded Instrument of Taking against the condominium unit for unpaid real estate taxes. Had the Court ruled otherwise, the City and other municipalities would have faced exposure in all instances in which the City recorded an Instrument of Taking for unpaid real estate taxes on condominium units.
In a case of catastrophic personal injury to an elementary school student where the City faced substantial exposure, the City was granted Summary Judgment. The court ruled in substance that the City was immune from liability based upon the Massachusetts Tort Claims Act.
Multiple instances of successful municipal enforcement action including: first time code enforcement levied fines for illegal dumping; enforcement of a sprinkler appeal; and the closing of unlicensed pool hall, among many others.
Established a "read only" contract database for all department heads to monitor the status of their contract requests. Statistical results indicate that, of 478 contracts, 44% are reviewed within 2 business days or less and, on average, all contracts are reviewed within 5.76 business days.
Drafted or updated several municipal ordinances, including the new dog ordinance; alcohol regulations for galleries in the downtown artist overlay district; the reserved dwelling parking space ordinance; the vacant and foreclosing property ordinance; and the rental property ordinance.