Keywords: Contract, Municipality, Performance and breach. Municipal Corporations, Contracts. Consumer Protection Act, Trade or commerce, Unfair or deceptive act. Bankruptcy, Stay of other proceedings.Practice, Civil, Directed verdict, Amendment, New trial, Instructions to jury. Judgment, Amendment
The Appeals Court today issued its decision in City of Beverly v Bass River Golf Management, Inc. in which it upheld a trial court verdict in favor of the City of Beverly against an operator of the municipal golf course for breach of contract. Proceedings against another defendant were stayed pursuant to the automatic stay resulting from a bankruptcy filing. The counterclaim against the city, which included claims under G.L. c. 93A, was unsuccessful. Congrats to MMLA members from the City of Beverly Law Department- City Solicitor Stephanie Williams and Assistant City Solicitor Eitan Goldberg- on this successful outcome. Golf course management cases have been problematic for several municipalities- be forewarned. Click here for the full text of the decision.