Great Woods, Inc. v. Clemmey

Full title: GREAT WOODS,INC. v. KARL D. CLEMMEY.

Court: COMMONWEALTH OF MASSACHUSETTS APPEALS COURT

Date published: Oct 8, 2014

13-P-1817 (Mass. App. Ct. Oct. 8, 2014)

Opinion

13-P-1817

10-08-2014

GREAT WOODS,INC. v. KARL D. CLEMMEY.

By the Court (Kantrowitz, Grainger & Hanlon, JJ.), Clerk

NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

Karl D. Clemmey sought an order "clarifying" that a 1996 permanent injunction, which prohibited Clemmey from attending events at what is now known as the Xfinity Center, has become "moribund." A Superior Court judge ruled that that the permanent injunction remains in full force and effect. This appeal ensued.

Clemmey owned certain property¹ adjacent to what was in 1996 known as the Great Woods Center, then owned by the plaintiff, Great Woods, Inc. (Great Woods).² In hearing the case, it appears that the judge implicitly substituted Live Nation for Great Woods and determined that there was a continuing need for the injunction. Inasmuch as the injunction refers explicitly to property "under the control of Great Woods, Inc." and to "any owner, manager, employee or agent of Great Woods, Inc.," the judge's order constitutes the imposition of a new injunction in favor of a new party. Explicit findings are required to support such an order. The order dated September 4, 2013, is, therefore, vacated. Accordingly, the matter is remanded for the judge to rule whether Great Woods has presented sufficient evidence to be entitled to injunctive relief; any resulting order shall be unambiguously worded to apply to the property's current owner, and its employees.

1 The property has since been transferred into a trust.

2 Great Woods Center became the Tweeter Center in 1999, Comcast Center in 2008, and Xfinity Center around early 2014.
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The order dated September 4, 2013, is vacated, and the matter is remanded for further proceedings consistent with this memorandum and order.

By the Court (Kantrowitz, Grainger & Hanlon, JJ.),

Clerk Entered: October 8, 2014.