| August 30, 2024
Dear Registry of Deeds stakeholder,
____It is timely to update Registry stakeholders and taxpayers of the status of the second "Registry law suit". On June 28, 2024 Judge Cloutier of the Norfolk Superior Court ruled that the Norfolk County Commissioners and Norfolk County have violated a number of state laws. See the attached written decision William P. O'Donnell, vs. Joseph P. Shea, Peter H. Collins et al.
____The Norfolk Superior Court ruled favorably for the Registry of Deeds. The Norfolk County Commissioners and Norfolk County violated Massachusetts General Laws Chapter 64D sections 11 and 12 when they failed to provide the required budgetary funding to the Registry of Deeds and when they spent funds and removed funds from a designated Registry of Deeds account.
____Judge Cloutier found the County Commissioners' actions to be unlawful. As Register of Deeds I was left with no choice but to litigate and prosecute this case on my own without the benefit of independent legal counsel which the Defendants have had throughout the court process. The law suit was prosecuted to insure the "automation, modernization and operation of the registries of deeds" as noted in the state law.
____The Norfolk County Commissioners and Defendants filed a Motion to Reconsider despite Judge Cloutier pointing out in footnote #10 on page 11 that "…prior to 2020, the County's interpretation of the statutes was largely consistent with the court's interpretation." This Motion to Reconsider was denied in a court ruling dated August 23, 2024 and received by the Registry of Deeds on August 28, 2024.
Sincerely yours, | 
No comments:
Post a Comment