BLUE VIEW CONST. v. TOWN OF FRANKLIN, 454 Mass. 1109 (2009)

913 N.E.2d 866

Supreme Judicial Court of Massachusetts.
September 10, 2009.

(A.C. No. 2006-J-371.)

Orders.

Further appellate review denied:

The application for further appellate review is dismissed as moot, per agreement of both sides, the parties having settled the underlying dispute. With respect to the Superior Court order granting fees and costs pursuant to G.L. c. 231, § 6F, the parties are free to request the Superior Court to vacate its own order. The Superior Court, not this court, is the more “appropriate court” in which to make that request in these circumstances. G.L. c. 231, § 6F, sixth par. With respect to the Appeals Court order of March 6, 2009, awarding fees and costs under Mass. R. A. P. 25, the parties are free to make a similar request in that court, and the Appeals Court may consider that request in the first instance. MME. JUSTICE COWIN did not participate.