BJ'S WHOLESALE CLUB, INC. v. CITY COUNCIL OF FITCHBURG

No. 00-P-1807.

52 Mass. App. Ct. 585 (2001)

BJ'S WHOLESALE CLUB, INC., & others v. CITY COUNCIL OF FITCHBURG.

Court of Appeals of Massachusetts, Worcester.

September 21, 2001.


Attorney(s) appearing for the Case

Acheson H. Callaghan for Carol Y. Bingham, trustee.

David S. Weiss for BJ's Wholesale Club, Inc., and another.

Michael J. Ciota, City Solicitor, for the defendant, was present but did not argue.

Present: GREENBERG, GILLERMAN, & DOERFER, JJ.


DOERFER, J.

Carol Bingham, trustee of 80 Erdman Way Realty Trust, filed a motion to intervene in this matter that was denied on July 14, 2000. She did not file a timely notice of appeal under Mass.R.A.P. 4(a), as amended, 430 Mass. 1603 (1999). Although Bingham's motion to extend time for filing an appeal was timely (i.e., brought within thirty days after the expiration of the time for appeal), we hold that the judge who denied the motion did not commit an abuse of...

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