The City of Worcester brought and action against the defendant to enforce certain provisions of the Revised Ordinances of the City of Worcester. Specifically the City sought an injunction against the defendant to replace 1370 square feet of sidewalk based on work he performed on a retaining wall which abutted the sidewalk. The trial was originally scheduled for May 28, 2007 but the City moved for a continuance to perform a survey at the property and secure an expert after the parties could not negotiate a settlement and the Defendant answered ready for trial. The motion to continue was allowed over objection of counsel and the matter was continued for trial. A trial was thereafter held wherein the City called a Health and Code Inspector familiar with the matter and a Professional Land Surveyor. The Defendant was the only witness called by the Defense. The case was important to the client because he was a well known contractor in the city and wanted to let the city know that he would fight for his rights in instances where he believed that the city was being unreasonable. After Proposed Findings were submitted by the Parties the Court issued Findings of Fact, Rulings of Law and Order for JUDGMENT on behalf of our client. The Court also stated in its Rulings that the Defendant may seek relief against the City under G.L. c.231, §6F, the statute which is entitled, and provides for, costs, expenses and interest for insubstantial, frivolous or bad faith claims or defenses.
Created:January 17, 2014