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t - <br /> t <br /> STTID7 RV <br /> E 1 ._`'C r ySES" IODT <br /> e caber 19, 1985 <br /> For thF ur ose of discussing pending litigation between the <br /> Mas pee Conservation Commission -nd the New Seabury Corporation <br /> concerning alleged violations by the Corporation in the matter <br /> now commonly known as. "clam shell road" and Project No , 'QE <br /> y s-7", 3-316, Commission member, Eliot Rosenberg:rg moved that the Board <br /> move into executive session from 8:12 until 8:30P. Y11 . The motion, <br /> seconded b Pauline DeLory, was unanimously carried. <br /> Present were Board members : Plarc on , chairman; Paulin e o y; <br /> Gertrude Fa.r'radayand Eliot Rosenberg* Associate members present <br /> lv-ere Vlilmont Merro,vv, Judy Mills , Carol Richardson and Gerald Sprout , <br /> John Shea, Esq . of McGregor, Shea & Doliner was present as counsel. <br /> for the Commission in this ratter. Stan Hrphies , coastal geologist <br /> of IEP vias present as consultant. <br /> Do gla z Boyd, Building Inspector of the Town of Mashpee was present <br /> as advisor to the Commission. <br /> It was moved b; Eliot Rosenberg that public hearings scheduled for <br /> this night would continue at 8: 30 P. M. Gertrude Farraday seconded <br /> the motion which has unanimously carried. <br /> Mr. shr-a stated that he has been retained by the Town of 141 shpee <br /> a special Town Couns1 rela-tive to the New Sa.bury superior Court <br /> litigation and the pending D'1E7.'QE adjudicatory appeal on the beach <br /> nouri7hme.nt program. <br /> Mr. Hump rj.e r ate d that he has been retained by the Town of Ma,shpea <br /> o Further research the technical iSsues relating to llcl.am shell <br /> road" . <br /> 14'r. Shea presented an outline of how counsel is going to approach <br /> the presentation o the court. H said, "Because we ' re involved <br /> s • ■ r 1 ? <br /> .` n n eoau � u e-re ars items on h��r� that �e' don' <br /> want disclo ed elsewhere , I' m going to ask to collect the out- <br /> line after this ' session. Stan has also generated a. talking, <br /> briefing report and we Ari l also collect that . '-e will 1;nave one - <br /> o y Fr ith the Chairman of the Commission purposes of d is cus S i on. <br /> The other ray=on for collection is- that these are potentially dis- <br /> coverable material by counsel of the opposing side in litigation. " <br /> Mr. Shea said , "'Vie were successful in Superior Court in litigation <br /> in having the judge rule that he would not modify the Preliminary <br /> Injunction tha. had been is sued against the use of the clam shell <br />