Governor Makes Nominations for District Court, Probate & Family Court

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BOSTON — Governor Maura Healey nominated Frances Dallmeyer to serve as an Associate Justice of the District Court and Toiya Taylor to serve as Associate Justice of the Probate & Family Court.
 
The nominees will now be considered by the Governor's Council for confirmation.   
 
"Both Frances and Toiya have years of legal experience and a deep-rooted commitment to upholding the law," said Governor Maura Healey. "If confirmed, they will be positive additions to the courts and serve the people of Massachusetts with distinction." 
 
The District Court Department hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. District Court criminal jurisdiction extends to all felonies punishable by a sentence up to five years, and many other specific felonies with greater potential penalties, all misdemeanors, and all violations of city and town ordinances and by-laws. In civil matters, the District Court hears cases in which the damages are not likely to be more than $50,000 and small claims cases up to $7,000. The District Court is located in 62 courts across the state. 
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Berkshire Concrete Lawsuit Seeks Damages, Continued Operation

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.
 
The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13
 
Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.
 
The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.
 
It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.
 
The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 
 
Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages. 
 
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