All States › Evidence
Neutral Court Opinion May 26, 2026

Banevicius v. Barnstable

── Banevicius v. Barnstable ── Court: Massachusetts Supreme Judicial Court Date: May 20, 2026 Category: General NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; [email protected] SJC-13845 HELEN BANEVICIUS, trustee,1 & others2 vs. TOWN OF BARNSTABLE & another.3 Barnstable. February 4, 2026. – May 20, 2026. Present: Budd, C.J., Gaziano, Wendlandt, Georges, Dewar, & Wolohojian, JJ. Real Property, Agricultural or horticultural use, Sale, Right of first refusal. Practice, Civil, Standing, Declaratory proceeding, Action in nature of mandamus, Summary judgment. Declaratory Relief. Mandamus. Notice. Municipal Corporations, Notice to municipality. 1 Of the Banevicius Revocable Living Trust. 2 Ronald F. Knight; Linda H. Knight; Robert A. LaBerge; Ellen T. LaBerge; Keith W. McAteer and Sheila D. McAteer, trustees of the Sheila D. McAteer 2018 Trust; John E. Murphy, Jr., and Nancy E. Murphy, trustees of the 2 Longfellow Drive Realty Trust; Hildegarde B.E. Paris and Andrea M. Goode, trustees of the Hildegarde B.E. Paris & Andrea M. Goode Revocable Trust; Matthew J. Dupuy; Cathleen Foley-Dupuy; Linda J. Powers; Craig Frank Valenti and Barbara Russell Valenti, trustees of the Craig F. and B.R. Valenti Joint Living Trust; Robert L. Ward and Carol M. Ward, trustees of the Robert L. & Carol M. Ward 2016 Living Trust; Amoret B. Zamarro; Paul A. Zamarro; and Friends of the Centerville Cranberry Bog Preservation, Inc. 3 Bog Partners LLC. 2 Civil action commenced in the Superior Court Department on July 13, 2022. The case was heard by Michael K. Callan, J., and Thomas J. Perrino, J., on motions for summary judgment. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Charles M. Sabatt (Matthew J. Dupuy & Robert A. LaBerge also present) for the plaintiffs. Allison M. Cogliano, Assistant Town Attorney, for town of Barnstable. Matthew T. McLaughlin (Aaron F. Nadich also present) for Bog Partners LLC. GAZIANO, J. This case arises from a dispute over the sale of twenty-one acres of land located in Centerville, known locally as the "Jenkins Bog" (bog). Susan L. Jenkins, in her capacity as trustee of the Jenkins Nominee Trust, previously held title to the bog. Since 1995, the land had been actively farmed as a cranberry bog -- which the town of Barnstable (town) recognized as a "horticultural use" for property tax purposes pursuant to G. L. c. 61A, commonly referred to as the Agricultural Classification Act. In March 2021, Jenkins provided the town manager with notice pursuant to G. L. c. 61A, § 14, that she intended to sell the bog to Samuel Slater, who planned to discontinue its horticultural use. However, Jenkins did not provide notice to several other municipal entities as required by the statute. See G. L. c. 61A, § 14, eighth par. 3 She sold the bog anyway, and transferred title to the bog to Bog Partners LLC (Bog Partners), which Slater owns and manages. After learning of the sale, the individual plaintiffs, who own property abutting the bog, and a nonprofit corporation formed to preserve the bog commenced an action in the Superior Court against the town and Bog Partners.4 The plaintiffs sought declaratory relief, as well as relief in the nature of mandamus, arguing that the sale was invalid because Jenkins and Bog Partners did not comply with G. L. c. 61A's notice requirements. The town and Bog Partners each filed a motion for summary ju
CourtListener · May 20, 2026
Original link
Share on X Share on Facebook
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works the way quoting a news article works. Select a passage above and the same panel opens: the passage goes to the official you choose, with this document's own address as its source and its own type. #}