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The Norfolk Superior Court recently ruled for a second time in favor of Norfolk Register of Deeds William P. O’Donnell in a law suit against Norfolk County Director John J. Cronin and the County Commissioners Peter H. Collins, Joseph P. Shea, and Richard R. Staiti.
Judge Cahillane of the Norfolk Superior Court ruled in favor of the Norfolk Register of Deeds William P. O’Donnell on a Motion for the Judge to Reconsider an earlier decision against County Director John J. Cronin and the County Commissioners in favor of Register O’Donnell. This motion was put before the Norfolk Superior Court by County Director John Cronin and the County Commissioners. Norfolk Superior Court Judge Cahillane reaffirmed his earlier decision and denied the motion filed by County Director Cronin and the County Commissioners. At issue is the Register’s ability to manage the Registry of Deeds and to access funds in an approved and funded Registry of Deeds budget without the unlawful interference of the County Commissioners and their Director under Massachusetts General Laws Chapter 35, Section 32.
This most recent favorable ruling for Register O’Donnell follows another favorable ruling in the Norfolk Superior Court on October 19, 2023. The Norfolk Superior Court in recognizing the Register of Deeds’ role as the “authorized official” of the Norfolk Registry of Deeds stated in its decision “The statute recognizes that the Register is in the best position to understand the daily needs of the Registry of Deeds and to take certain actions in the interest of the public that elected him.”
These favorable court rulings for the Norfolk Registry of Deeds are a result of a law suit that was initiated by the Norfolk Register of Deeds in October of 2022 in response to Norfolk County Director John J. Cronin’s refusal to allow the Register to access approved budget funds for Registry operations services and matter. “In my opinion, denying access to funds in a lawfully approved budget is an abuse of power, and any time an official such as a staff bureaucrat like the County Director or elected officials like the Norfolk County Commissioners abuse power, you have got to stand up to that abuse of power,” said Register Bill O’Donnell.
Register O’Donnell had to file and fight this law suit pro se, or on his own, without the benefit of legal representation. The Register’s office was not allowed an attorney to represent the office and the interests of the Registry of Deeds and all those Registry stakeholders including homeowners who benefit from the operations and services of the Norfolk Registry of Deeds. Despite not having an attorney the Norfolk Superior Court issued a favorable ruling for Register O’Donnell writing “The Defendants’ actions in preventing the transfers, therefore, are directly contradictory to the unambiguous language of the statute.” County Director Cronin and the County Commissioners Peter H. Collins, Joseph P. Shea and Richard R. Staiti are represented by Attorney Scott Lopez a partner in the Boston law firm of Lawson, Weitzen, LLP. The legal fees and costs of Attorney Lopez are being paid by the Norfolk County monies.
“The actions of County Director Cronin and the Norfolk County Commissioners are not in the best interests of the taxpayers. Taxpayer monies are not being spent wisely by the Norfolk County Commissioners,” stated Register O’Donnell. There are no registry legal fees to be paid by the tax payers because the Registry is fighting this case without an attorney. This second favorable ruling just like the first favorable court decision for the Norfolk Register of Deeds is not costing the taxpayers as this case is being litigated by the Register of Deeds on his own. However, the Norfolk County Commissioners Peter H. Collins, Joseph P. Shea and Richard R. Staiti and County Director John J. Cronin continue to spend taxpayers monies to pay their Boston law firm and Attorney Scott Lopez on this case.
The Norfolk Superior Court decision entered 12-8-2023 can be viewed at https://files.norfolkdeeds.org/file/Norfolk-Superior-Court-Decision-12-8-2023.pdf
The Norfolk Superior Court favorable ruling for the Register of Deeds dated 10-19-2023 can be viewed at https://files.norfolkdeeds.org/file/Norfolk-Superior-Court-Favorable-Ruling-10-19-2023.pdf