Catamount Constr., Inc. v. Town of Pepperell, 388 N.E.2d 716 (Mass. App. Ct. 1979). · Go Syfert
Search
Catamount Constr., Inc. v. Town of Pepperell, 388 N.E.2d 716 (Mass. App. Ct. 1979). Cases Citing This Book View Copy Cite
10 citation events (6 in the last 25 years) across 3 distinct courts.
Strongest positive: CRAIG HARRISON & another v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY. (massappct, 2022-09-13)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) CRAIG HARRISON & another v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.
Mass. App. Ct. · 2022 · confidence medium
L. c. 151, § 1A, does not apply to those employed by Commonwealth, plaintiff's claim barred by sovereign immunity); Grenier v. Hubbardston, 7 Mass. App. Ct. 911, 911 (1979) (applying general rule that "statutes regulating persons and corporations engaged in trade and industry are ordinarily construed not to apply to the Commonwealth or its political subdivisions unless the Legislature has expressly or by clear implication so provided" to hold that G.
discussed Cited as authority (rule) Jergensen v. Massachusetts Historical Commission
Mass. Super. Ct. · 2016 · confidence medium
In this Commonwealth, “statutes regulating persons and corporations engaged in trade and industry are ordinarily construed not to apply to the Commonwealth or its political subdivisions unless the Legislature has expressly or by clear implication so provided.” Grenier v. Town of Hubbardston, 7 Mass.App.Ct. 911, 911 (1979) (citations omitted).
discussed Cited as authority (rule) Jergensen v. Massachusetts Historical Commission
Mass. Super. Ct. · 2015 · confidence medium
In Grenier , the Court stated: “The case falls within the rule that statutes regulating persons and corporations engaged in trade and industry are ordinarily construed not to apply to the Commonwealth or its political subdivisions unless the Legislature expressly or by clear implication so provided.” 7 Mass.App.Ct. at 911 (and cases cited).
cited Cited "see" Bradford & Bigelow, Inc. v. Commonwealth
Mass. App. Ct. · 1987 · signal: see · confidence high
See generally Catamount Constr., Inc. v. Pepperell, 7 Mass. App. Ct. 911 (1979).
discussed Cited "see, e.g." McGrath v. City of Somerville
D. Mass. · 2019 · signal: see also · confidence low
Mass. 2010); see also Grenier v. Town of Hubbardston, 7 Mass. App. Ct. 911 (1979) (rescript).21 Permitting plaintiffs to treble their recovery for federal-law overtime claims—even though the City is immune to state-law overtime claims—would simply circumvent the City’s municipal immunity, and is therefore impermissible.
Retrieving the full opinion text from the archive…
Catamount Construction, Inc.
v.
Town of Pepperell & another
Massachusetts Appeals Court.
Apr 30, 1979.
388 N.E.2d 716
1979 Mass. App. LEXIS 1304
Steven J. Comen for the plaintiff., Walter G. Bilowz for the town of Pepperell.
Cited by 1 opinion  |  Published

While the defendants may be correct in their contention that the decision as to which bidder was the lowest responsible and eligible bidder under G. L. c. 30, § 39M, was a question of fact to[*912] be decided by the awarding authority rather than the court, see Capuano, Inc. v. School Bldg. Comm. of Wilbraham, 330 Mass. 494, 496 (1953); Modern Continental Constr. Co. v. Massachusetts Port Authy., 369 Mass. 825, 829 (1976), it is nevertheless clear from the cases cited that the awarding authority’s determination may be reviewed on allegations that it was made illegally, arbitrarily, or in bad faith. Such allegations are contained in the complaint, as are certain circumstances elaborating the bad faith (compare Mass.R.Civ.P. 9[b], 365 Mass. 751 [1974]); and it cannot be said that " 'there is no set of facts which the plaintiff could prove in support of [its] claim which would entitle [it] to relief.’ ” White v. Spence, 5 Mass. App. Ct. 679, 683 (1977). The judge therefore erred in allowing the defendants’ motions to dismiss the complaint under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), for failure to state a claim on which relief can be granted.

Steven J. Comen for the plaintiff. Walter G. Bilowz for the town of Pepperell.

Judgment reversed.