Mass. AG announces order against owner of Charlestown marina

By Bryan Cohen | Aug 16, 2013

BOSTON (Legal Newsline) -- Massachusetts Attorney General Martha Coakley announced Thursday a court order against the owner of Shipyard Quarters Marina in Charlestown to stop a planned eviction of boats and take action to ensure public safety.

On Aug. 1, Coakley's office filed a lawsuit and a request for a preliminary injunction against Martin Oliner, the owner of Shipyard Quarters Marina LLC and LDA Pier 9 LLC. Judge Elizabeth Fahey issued a temporary restraining order against the defendants requiring them to assess the marina's structural integrity and freezing the defendants' assets.

On Tuesday, Oliner gave boat owners 48 hours to vacate the marina.

At a hearing the following day, Coakley's office alleged Oliner violated the terms of the restraining order by issuing the eviction notice and requested that Oliner provide a reasonable amount of time for boat owners to relocate if an inspection finds that no portion of the marina may be made safe.

Coakley's office also asked that Oliner pay relocation costs and fully refund license fees to boat owners.

On Thursday, Fahey extended the temporary restraining order indefinitely, but Oliner allegedly planned to move ahead with the evictions and lock owners out on early Friday morning.

Coakley's office filed an emergency motion to stop the evictions in response. The motion was granted, pending the outcome of a hearing Monday.

"Shipyard Quarters Marina continues to suffer from serious structural problems placing the public at risk," the attorney general said in a statement. "This latest action is another example of this owner dodging his responsibility to correct this dangerous situation for boat owners and the general public.

"Our primary concern is for the safety of the boat owners and we continue to explore all legal options. We're also working with Mayor (Thomas) Menino's office and the (Massachusetts Department of Environmental Protection) to provide services for them."

The court order postpones the use of the marina after Oct. 31 until renovations are complete.

Coakley's lawsuit seeks a $25,000 fine for each day the marina's condition violated state law, which could total millions of dollars. The suit followed inspections by MassDEP that determined there were multiple safety hazards at the marina, such as broken and nonexistent pilings and corroded electrical systems.

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