Special magistrate dismisses 2023 code case after city staff can't show notice was sent

Special Magistrate Lonnie Groot dismissed a code-enforcement case from 2023 after hearing that the city had no proof prior orders were served on the respondent.

The dismissal matters because the special magistrate found the respondent's due-process rights were implicated when the city could not show the earlier orders had been delivered. Groot said he would issue a written order reflecting the oral dismissal.

At the start of the hearing, Groot explained the forum'that these are quasi-judicial proceedings where testimony is given under oath and the city prosecutes alleged code violations before the magistrate. The respondent had requested the hearing to ask for a lien reduction; during preliminary review the magistrate said he had "no proof that the orders were ever sent to the respondents," and that, as a result, he believed the respondent's due process had been violated. Groot told the room, "we'll issue an order of dismissal." The city did not contest the magistrate's statement about the lack of service.

The magistrate ordered dismissal of case number 23-338 for the property at 225 Minute Man Causeway and indicated city staff and the magistrate's office would circulate a written order confirming the oral decision.

The hearing record shows the dismissal was entered by the magistrate; there was no separate vote or additional formal action reported. The order will be delivered by city staff as appropriate and a written order will follow the oral ruling.

City staff and the magistrate noted this outcome is unusual in their experience and encouraged public confidence that the process acknowledges and corrects service errors.

No fines or follow-up fines were imposed in this case; the magistrate's dismissal resolves the 2023 proceeding unless the city pursues a new action with proper service.