Bristol Superior Court Issues Preliminary Injunction Decision in Favor of Fall River Mayor, Represented by Peter Mello and Matthew Feeney of Murphy, Hesse, Toomey & Lehane, LLP
On October 10, 2019, the Bristol Superior Court issued a decision denying the Fall River City Council’s motion for a preliminary injunction, through which the City Council sought to require Fall River Mayor Jasiel F. Correia II to relinquish control of his Office. While the City Council argued that a certain provision of the Fall River Charter affords the Council broad discretion to take such action, in denying the City Council’s motion the Court rejected the Council’s interpretation, in part upon principles of statutory construction requiring that the Court construe the relevant Charter provision in its context. The Court also noted, among other things, that the Charter’s history likewise supports the Court’s decision.
Peter Mello and Matthew Feeney, of Murphy, Hesse, Toomey & Lehane, LLP represented Mayor Correia in this matter. MHTL is a law firm that serves private, public and nonprofit clients in the full range of practice areas, including litigation, labor and employment, governmental and municipal law. Attorney Mello serves as the President of the Massachusetts Municipal Lawyers Association. The Massachusetts municipal law bar association is comprised of hundreds of members who provide legal services to cities and towns or otherwise devote a substantial portion of their practice to the advancement of municipal law. At MHTL, Attorney Mello advises and represents clients with respect to a variety of legal issues in litigation and other matters. Peter Mello’s clients include private companies and organizations, municipalities and other governmental entities.
Murphy, Hesse, Toomey & Lehane, LLP, Partner Katherine Hesse gave a plenary presentation on Recent Developments in ERISA on Friday September 16 to members of the Group Legal Services Association (“GLSA”) at its annual meeting in New Orleans. Among the topics she emphasized were what employers/plan sponsors need to know in the aftermath of the Dobbs decision overturning Roe v. Wade and lessons from the Court’s decision in Hughes and other class action litigation as to factors to consider Read More
On August 12, 2022, Governor Charlie Baker signed S. 3096, “An act relative to equity in the cannabis industry,” (“Act”) into law. The Act reforms Massachusetts’s existing marijuana laws, particularly with respect to host community agreements (“HCAs”), community impact fees (“CIFs”), and social consumption sites (e.g. marijuana cafes). The Act empowers the Cannabis Control Commission (“Commission”), the state regulatory agency, to exert greater control over HCAs and their CIFs. Municipalities levy CIFs on cannabis businesses to account for the costs they impose on the municipality as a result of their operations. Additionally, the Act allows municipalities to permit on-premises social consumption of marijuana at designated sites. Other notable provisions of the Act include the new Social Equity Trust Fund (“Trust Fund”), changes to the tax law regarding cannabis businesses, and various provisions concerning those persons and communities most impacted by the prior illegality of marijuana usage and sale. Governor Baker vetoed only one section of the final bill: the provision calling on the state to conduct a study of medical marijuana usage in schools.