Case Background
Josephine Beadling and Keith Beadling sued Bette Maki, G. Lopes Construction, Inc., and The Lopes Companies, LLC. The case proceeded in the Plymouth County Superior Court. The docket number was 2383CV00304.
The Plaintiffs lived at 277 Meadow Street in Carver, Massachusetts. They described themselves as abutters to an extensive commercial mining operation. The operation involved earth removal, quarrying, processing, and trucking.
The Plaintiffs alleged that the mining operation had operated near their home since 2011. They claimed Defendants characterized commercial mining as agricultural excavation. They also challenged the Earth Removal Committee's approval of the operation.
The litigation initially included members of Carver's Earth Removal Committee. Those Defendants included Robert Ieronimo, Michael C. Harrison, Richard Ward, John Mason, and William Garnett.
The Plaintiffs later pursued claims against Maki and Lopes arising from the mining activity. The amended complaint added negligence, private nuisance, and negligent trespass claims.
Cause
The complaint alleged that the Defendants expanded commercial mining beyond the operation's earlier footprint. The activity affected about 19 acres near the Plaintiffs' residence.
According to the complaint, Maki owned the relevant property. Lopes participated in the earth removal operation. The complaint also referenced GAF Engineering in connection with the permit process.
The 2023 permit authorized removal of 99,160 cubic yards, according to the complaint. That volume could bring total excavation to about 700,000 cubic yards. The sand and gravel had an estimated value of approximately $7 million.
The complaint further challenged the permit on procedural and bylaw grounds. It alleged that the Earth Removal Committee lacked authority to issue the permit.
The operation allegedly created dust, noise, vibration, truck traffic, quarrying, and rock-crushing impacts. The complaint also cited exposure to silica dust.
Injury
The Plaintiffs claimed that the mining activity interfered with their use and enjoyment of their property. They alleged excessive noise, vibration, dust, and truck traffic. They also alleged sand, gravel, and other material reached their property.
The complaint alleged potential contamination of their drinking water. The Plaintiffs relied on a private well for drinking water.
They further alleged damage to their property, including foundation cracks. They attributed those conditions to trucking and commercial mining activity.
The Plaintiffs also alleged loss of vegetation and changes to the natural landscape. They claimed decreased property values and reduced peace and enjoyment of their home.
Damages
The Plaintiffs sought damages for the harm allegedly caused by the Defendants’ mining and earth-removal operations. They sought compensation for property damage and other damages resulting from dust, sediment, particulates, noise, and related impacts on their property.
The Plaintiffs also sought costs and expenses incurred in the action, including attorneys’ fees and expert fees and expenses. They requested judgment against Maki and The Lopes Companies, LLC, together with prejudgment interest, costs, and attorneys’ fees.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Josephine Beadling | Keith Beadling
Counsel for Plaintiff(s): Joan Ann Lukey | Margaret Elizabeth Sheehan
Defendant(s): Bette Maki | The Lopes Companies, LLC | G. Lopes Construction, Inc.
Counsel for Defendant(s): Eric Eaton Renner | John E. Zajac
Key Arguments or Remarks by Counsel
Claims
The final civil claims relevant to the jury included negligence, private nuisance, and negligent trespass. The Plaintiffs alleged that Maki and Lopes owed duties concerning the operation.
The negligence count alleged failures involving dust, noise, and vibration controls. It also alleged inadequate measures to prevent dust and sediment from reaching the Plaintiffs' property.
The private nuisance count alleged substantial and unreasonable interference with the Plaintiffs' use and enjoyment of their property.
The negligent trespass count alleged unauthorized entry of dust, sediment, and other particles onto the Plaintiffs' property. It also alleged unauthorized noise pollution.
Earlier certiorari and declaratory claims concerned the Earth Removal Committee's permitting decisions. Those claims did not form the final jury damages awards. The Court later dismissed Count I, while Count II ended through a stipulation.
Defense
Maki, G. Lopes Construction, Inc., and The Lopes Companies, LLC each denied the Plaintiffs' allegations in separate answers. All three Defendants asserted 27 affirmative defenses.
The Defendants argued that the complaint failed to state a claim upon which relief could be granted. They sought dismissal under Mass. R. Civ. P. 12.
Their answers maintained that they acted in good faith and complied with all applicable regulations. They further argued that any alleged damages resulted from acts of third persons beyond their control.
The Defendants also raised standing, mitigation, statute of limitations, laches, and mootness. Additional defenses included estoppel, unclean hands, and failure to exhaust administrative remedies.
All three answers maintained that the Earth Removal Committee's decision was legally valid. They argued the decision was a proper exercise of the Committee's discretion.
Each Defendant sought dismissal with prejudice and denial of the Plaintiffs' requested relief. They also reserved the right to amend their defenses based on discovery.
Jury Verdict
Nuisance
The jury found that the Plaintiffs owned or controlled the affected land.
It found that G. Lopes Construction, Inc. and Bette Maki owned or controlled the Site. The Lopes Companies, LLC did not own or control the Site.
The jury found G. Lopes Construction, Inc. and Bette Maki contributed to the condition on the Site. That condition caused substantial and unreasonable interference with the Plaintiffs' property use and enjoyment. The Lopes Companies, LLC did not contribute to the condition.
The jury found the interference resulted from negligent, reckless, or ultrahazardous conduct. This finding applied to G. Lopes Construction, Inc. and Bette Maki. The Lopes Companies, LLC was not found liable on this question.
The jury awarded Keith Beadling $0 in property damages on the nuisance claim. It awarded him $0 in personal injury damages on the nuisance claim.
The jury awarded Josephine Beadling $0 in property damages on the nuisance claim. It awarded her $0 in pain and suffering damages on the nuisance claim.
The jury allocated fault on the nuisance claim as follows. G. Lopes Construction, Inc. received 80%. The Lopes Companies, LLC received 0%. Bette Maki received 20%.
Negligence
The jury found G. Lopes Construction, Inc. and Bette Maki owed the Plaintiffs a duty of reasonable care. The Lopes Companies, LLC did not owe such a duty.
The jury found G. Lopes Construction, Inc. and Bette Maki breached that duty. The Lopes Companies, LLC did not breach a duty of reasonable care.
The jury found that Keith Beadling did not suffer injury or harm from the breach. It found that Josephine Beadling did suffer injury or harm from the breach.
The jury found the breach by G. Lopes Construction, Inc. legally caused the Plaintiffs' harm. It found the same for Bette Maki. The Lopes Companies, LLC was not a legal cause of the harm.
The jury awarded Keith Beadling $0 in property damages under negligence. It awarded him $50,000 in pain and suffering damages. It identified $0 in redundancy with earlier claims.
The jury awarded Josephine Beadling $0 in property damages under negligence. It awarded her $50,000 in pain and suffering damages. It identified $0 in redundancy with earlier claims.
The jury allocated fault under negligence as follows. G. Lopes Construction, Inc. received 80%. The Lopes Companies, LLC received 0%. Bette Maki received 20%.
Negligent Trespass
The jury found the Plaintiffs owned or lawfully possessed the affected property.
It found G. Lopes Construction, Inc. caused dust, sand, or sediment to enter the Plaintiffs' property. The Lopes Companies, LLC did not cause such entry. Bette Maki did not cause such entry.
The jury found G. Lopes Construction, Inc. was negligent in causing the entry. It found the entry was not authorized by the Plaintiffs. It found the entry caused the Plaintiffs legally recoverable harm.
The jury awarded Keith Beadling $15,000 in property damages under negligent trespass. It awarded him $200,000 in pain and suffering damages. It identified $0 in redundancy with earlier claims.
The jury awarded Josephine Beadling $15,000 in property damages under negligent trespass. It awarded her $200,000 in pain and suffering damages. It identified $0 in redundancy with earlier claims.
The jury allocated 100% of fault under negligent trespass to G. Lopes Construction, Inc. The Lopes Companies, LLC received 0%. Bette Maki received 0%.
The jury awarded a combined total of $530,000 across all claims.
Court Documents:
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