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Thursday, September 19, 2019

Mass. AG announces court order against marina owners

By Bryan Cohen | Aug 26, 2013

BOSTON (Legal Newsline) - Massachusetts Attorney General Martha Coakley announced a court order on Friday against the owner of the Charlestown-based Shipyard Quarters Marina to take immediate action to ensure public safety of the dilapidated facility.

Suffolk Superior Court Judge Elizabeth Fahey granted a preliminary injunction on Thursday ordering Shipyard Quarters Marina LLC, LDA Pier 9 LLC and Martin Oliner, the companies' sole manager, to take all reasonable steps to make sure any vessels currently docked at the marina are safe. Coakley's office alleges the facility is a public safety and environmental concern for local boat owners and residents.

"Shipyard Quarters Marina continues to suffer from serious structural problems placing the public at risk," Coakley said. "The owner can no longer dodge his responsibility to correct this dangerous situation for boat owners and the general public. We will continue our work with Mayor (Thomas) Menino's office and the (Massachusetts Department of Environmental Protection) to provide services for boat owners."

Coakley's office filed a lawsuit and a request for a preliminary injunction against Oliner and his companies on Aug. 1 for allegedly failing to maintain the marina in proper condition. Judge Fahey issued a temporary restraining order on Aug. 1 to require the defendants to hire an engineer to assess the marina's structural integrity and to freeze the defendants' assets. After Oliner gave boat owners 48 hours to vacate the marina on Aug. 13, Judge Fahey extended the temporary restraining order indefinitely on Aug. 14 and granted an emergency motion to halt the evictions on Aug. 15.

The preliminary injunction granted Thursday orders Oliner to submit a full engineering inspection report by Wednesday. Oliner must facilitate and pay for the relocation of all boats if no portion of the marina is determined to be safe. The injunction also freezes Oliner's personal assets and severely limits the financial assets of his two companies.

Coakley's lawsuit looks to fine Oliner $25,000 for each day the marina's condition violated state law, which could result in a fine of millions of dollars.

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