Amicus Announcement

THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED INDIVIDUALS AND ORGANIZATIONS IN THE FOLLOWING APPEAL PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR MARCH 2007.

SJC-09851
Commonwealth Electric Company v. Leslie H. MacCardell

A utility company brought a petition in the Land Court under G.L. c. 185, § 114, to amend a certificate of title that made no reference to a previously recorded easement in reliance on which the utility company had installed utility poles and lines: whether the Land Court judge correctly ruled that the owner of the property had purchased the property "for value and in good faith" and that the utility had not presented any evidence that the owner had "actual knowledge" of the utility's alleged easement at the time of the purchase.

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

December 7, 2006