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.
Murphy, Hesse, Toomey & Lehane, LLP Receives Favorable Decision for Town of Dracut
On April 11, 2023, MHTL Attorneys Peter Mello and Madison Harris-Parks represented the Town of Dracut, and successfully obtained a preliminary injunction order requiring, among other things, that the Defendant homeowners cease renting out their pool to the public. The case, Town of Dracut by and Through Its Building Inspector vs. Nason, Gilbert et al., was initiated by the Town after the Defendants failed to comply with the Town’s associated underlying zoning enforcement order. The Town requested the injunction Read More
EXTENSION OF MUNICIPAL RELIEF MEASURES - INCLUDING OPEN MEETING LAW REMOTE OPTION - SIGNED BY THE GOVERNOR
The option for public bodies in the Commonwealth of Massachusetts to hold public meetings remotely or in a hybrid fashion, which came into play at the onset of the COVID-19 pandemic, has been extended by the General Court for another two years, until March 31, 2025. The Governor signed the legislation, which will be codified at Chapter 2 of the Acts of 2023, on March 29, 2023. Because of the inclusion of an emergency preamble, the law goes into effect immediately.
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