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, 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.