The Massachusetts Judicial Branch

Supreme Judicial Court

Amicus Announcement

SJC-10223


THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR NOVEMBER 2008.


SJC-10223
Maria Kitras, trustee, & another v. Planning Board of Aquinna & others

The issues presented are whether claims that the plaintiffs' subdivision filings were entitled to"freeze" protection under G. L. c. 40A, § 6, or G. L. c. 111, § 127P, were moot or nonjusticiable, where plaintiffs had not timely appealed from the town clerk's denial of certificates of constructive approval; whether plaintiffs' challenges to the Aquinnah and Building Cap Districts of Critical Planning Concern were untimely; whether plaintiff trustees, non-lawyers, may appear pro se on behalf of the trusts where they have not demonstrated that they are the sole beneficiaries.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

  Susan Mellen, Clerk

August 4, 2008