10/15/1985 BOARD OF SELECTMEN Minutes

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r art* REARDON & THOMAS ATTORNEYS T LAIN CORNER OF BEARSE'S WAY ANC)BA ETT LANE POST OFFICE BX 978 HYANNI .MASSACHUSETTS 02601 OSEPH J.RF-ARC)ON TELEPHONE WILLIAM W.THOMAS October 1 , 1985 771-4644 BRADLEY J.SAII EV AREA CODE 617 LEUE•ANN +osE- ,John F. Shea, Esquire . McGregor, Shea and I olliner, P.C. 27 School Street - Suite 603 Boston, MA 02108 R : Mashpee Con. Corn. VS: New Seabury Corp. Barnstable Superior Court Doc. No.: 44404 Dear ,John: You are hereby authorized to undertake representation of the Conservation Commission of the Town of Mashpee relative to the pending Superior Court action referred to above. In conformity with our conversation of October 15th and October 18th, it is my understanding that you will be filing an appearance in this action. A Motion had originally been scheduled for hearing by Mr. etusse on October 17th, and I secured a continuance thereof to October 22nd. It is my understanding that neither you nor anyone in your flan was available on the 17th or will be available on the 22nd, and accordingly I shall appear before the Superior Court and represent the 'Town at this hearing. I aux enclosing a copy of the Motion filed by Mr. Stusse. I have previously furnished you with copies of earlier action by the Court granting temporary relief from the preliminary injunction restraining the Defendant from using theso-called Clamshell Road as a means of access to nourish the beach in front of Maushop Village. It is my opinion that the Superior Court .Justice sitting.on the Motion will grant the requested relief. Based upon my conversations with you, it is my understanding that you concur with me in this assessment of the probable outcome of the hearing on the-Motion of fir. Stu se. Based upon our conversation and upon your advice, I intend to vigorously request that any order granting relief from the Preliminary Injunction be limited as to time and also be definitive as to the amount of sand to be used in the nourishment of the beach. It will be my intention to remain as an attorney of recon in this case and to act as co-counsel with you, but with the definite understanding that primary responsibility for the prosecution of this action will be in your office. I am positive that our excellent rapport developed in -the meetings we had concerning the Nocera appeal and in the early stages of this case will continue in the future and I look forward with enthusiasm to your participation in these several difficult matters confronting the Coxiservation Commis ion. of the Town of Masbpee. �o s ve y truly, 4 0 ' Joseph T. Reardon f ?.iahpee Town Counsel JJR:ss ' enclosure cc: I4arch duPont J seph F. Murphy, Jr.