Legal Opinion

Luna Preservation Society v. Metropolitan District Commission

Massachusetts Superior Court

Decided February 28, 2000No. 950901T2Published

1Opinion of the Court

van Gestel, J.

By Order dated January 7, 2000, this Court bifurcated the trial of this case. The first phase to be litigated and resolved was thereby limited to those matters relating to the plaintiffs standing and title to sue in this action. Included were those facts and legal issues relating to: (1) the title to the tugboat Luna for the period from January 1, 1990, to December 31, 1995, Including any changes or transfers of such title; and (2) the predicates upon which the plaintiffs right to bring this action are based.

The Court makes the following findings of fact and rulings of law,…

2Cases cited30 opinions

  1. Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
  2. Standard Oil Co. v. New JerseySupreme Court of the United States · 1951
  3. Spinner v. NuttMassachusetts Supreme Judicial Court · 1994
  4. Ginther v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1998
  5. Evans v. Multicon Construction Corp.Massachusetts Appeals Court · 1991

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