Murphy, Hesse, Toomey & Lehane, LLP Attorney Triumphs in Appeals Court for the Commonwealth of Massachusetts
Kevin S. Freytag, an attorney with Murphy, Hesse, Toomey & Lehane, LLP, represented the Town of Milton in front of the appeals court in February of this year. This case, Kali Family Limited Partnership v. Town of Milton & another, was brought to appeals court by the plaintiff after a final judgement ruled in favor of the defendant. The plaintiff originally filed a lawsuit against the Town of Milton because “the town was unjustly enriched by what Kali described as excessive tax assessments”, but the trial judge later ruled that “Kali was not entitled to equitable relief.” Once taken to appeal, the plaintiff referenced the case Tax Collector of Braintree v. J.G. Grant & Sons, Inc. as an administrative remedy of abatement. However, the plaintiff failed to adequately provide proof that the circumstances mentioned in Tax Collector of Braintree were also present in this case. Ultimately, the appeals court agreed with the trial judges verdict that “Kali’s exclusive remedy was the administrative remedy of abatement.
Kevin S. Freytag is a member of the firm’s Litigation practice. He represents individuals, businesses and municipalities in a wide range of disputes in the areas of construction, labor and employment, land use and real-estate tax. He has also effectively represented clients at the Appellate Tax Board as well as the Massachusetts Appeals Court. Mr. Freytag received his Juris Doctor from Suffolk University Law School. He was a member of the Trial Team and earned the honor of 2006 New England National Trial Competition Regional Champion. Mr. Freytag received a Bachelor of Arts degree from Stonehill College. Before entering private practice, he spent five years working at the Norfolk County District Attorney’s Office where he prosecuted countless cases in District and Superior Court. Mr. Freytag is admitted to practice in all state courts in the Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts.
The MCLE (Massachusetts Continuing Legal Education) sponsored an eLecture where Mary Ellen Sowyrda, a partner with Murphy, Hesse, Toomey & Lehane, LLP, presented. Alongside Ms. Sowyrda was Daniel Ahearn, Esq., and Marlies Spanjaard from the Committee for Public Counsel Services. Under the Individuals with Disabilities Education Act (IDEA), school authorities are required to conduct Manifestation Determination when it comes to discipling a student with disabilities. Their presentation, titled “How to Handle Manifestation Determination Reviews for Students with Disabilities”, focused Read More
On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) which provides for a $1.9 trillion economic stimulus package. State and local governments, and also many educational entities, will receive substantial funding. Having endured the last year of the global COVID-19 pandemic, both states and local governments, as well as schools, have experienced unexpected expenses, losses in revenues, and budgetary burdens. The purpose of this Client Alert is to explain generally how funds from the ARPA relief aid have been designated to alleviate those COVID-19-related challenges.