Misty Motion to Continue

On August 12, 2026, the Malden City Solicitor filed a document called a "Motion to Continue" in the lawsuit filed in Land Court on July 27 — Misty Mountain Shop LLC and Halona Mui v. City of Malden, City Council members, and DMS Trinity, LLC. For Malden residents and taxpayers, here is a straightforward breakdown of what this means.

What is being requested?

The City is asking the Land Court to postpone a scheduled meeting known as a "Case Management Conference." This is a procedural meeting where the judge and the lawyers set the timeline and rules for how the rest of the case will proceed.

When was it supposed to happen?

The meeting was originally set for Tuesday, September 15, 2026, at 9:30 a.m., before Hon. Diane R. Rubin — the same judge who ruled against the City in the earlier Benevolent Botanicals case.

Why the delay?

The City's lead lawyer, Solicitor Alicia A. McNeil, has a scheduling conflict. The motion states she has a previously scheduled appointment on that same day, made before the September 15 hearing date was set, and that she has made reasonable efforts to avoid the conflict — but her prior commitment prevents her from appearing before the Court that day.

The requested continuance is sought in good faith and is not requested for purpose of delay.

The proposed new plan

The motion asks the Court to move the Case Management Conference to "a date after September 30th" — pushing the case's procedural calendar into October.

What does this mean for the case?

This motion is a standard request to adjust the court's calendar. The City Solicitor notes the request is made in good faith and is not an attempt to unfairly stall the legal process. It does not change any of the substance of the case — it only resets when the judge and both sides sit down to set the rules for how the case will proceed.

Continuing coverage

• This is the third piece in our coverage of Misty Mountain Shop LLC v. City of Malden — read the first look at the lawsuit and the Fast Track assignment update.

Reference

Malden's City Solicitor, Alicia A. McNeil, has made a return appearance in Land Court for the case "26 MISC 000403 Mui, Halona, et al. v. City of Malden, et al. RUBIN," also known as "Misty Mountain Shop LLC, and Halona Mui, Plaintiffs, Civil Action No.: 26 MISC000403, City of Malden; and Peg Crowe, Paul Condon, Amanda Linehan, Ryan O'Malley, Ari Taylor, Stephen Winslow, Chris Simonelli, Jadeane Sica, Michelle Luong, Karen Colón Hayes, and Carey McDonald, as Members of the City of Malden City Council; and DMS Trinity, LLC, Defendants."