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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 FALL 2012
AMICUS SUBMISSIONS ARE DUE NO LATER THAN TWO WEEKS BEFORE
THE FIRST DAY OF THE SITTING IN WHICH THE CASE IS SCHEDULED FOR ARGUMENT

SJC-11118  William Shapiro & another v. City of Worcester
SJC-11119  Henry Greenberg v. City of Worcester

Whether, in these actions for private nuisance, filed in 2008, arising from discharges of raw sewage on the plaintiffs' properties in 2005 and 2007, the ruling of Morrissey v. New England Deaconess Assoc.-Abundant Life Communities, Inc., 458 Mass. 580 (2010), applies retroactively, requiring the cases to be dismissed for failure to comply with the presentment requirement. See Asiala v. Fitchburg, 24 Mass. App. Ct. 13, 17-18 (1987).

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.

April 2012