Misty Mountain: Court Moves Date Earlier, Not Later

On August 12, the City filed a Motion to Continue in the Land Court case involving Misty Mountain Shop LLC and Halona Mui v. City of Malden, City Council members, and DMS Trinity, LLC. The City sought to move the previously scheduled September 15 Case Management Conference to "a date after September 30th," citing a scheduling conflict for lead counsel, Solicitor Alicia McNeil.

The docket entry resulting from that motion, dated August 19, provides a telling update, which by now we presume is not a typo: the conference "has been Continued, For the following reason: Request of Defendant(s)" — to September 8. The Judge reset the case management conference for one week earlier than the originally scheduled date. This amounts to around a month earlier than what the City's own motion asked for.

"Fast" is relative. Fast just got faster.

The Court may make further scheduling decisions.

We don't know yet whether the earlier date is a Land Court scheduling decision unrelated to the substance of the request, a clerical entry worth double-checking, or something else — the docket doesn't explain its own reasoning beyond "Request of Defendant(s)." We'll follow up if it's corrected or clarified.

Continuing coverage

• This is our fourth piece on Misty Mountain Shop LLC v. City of Malden — read the first look at the lawsuit, the Fast Track assignment update, and the original Motion to Continue.