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E- <br /> 16 <br /> Report of the Town Counsel <br /> To the Honorable Board of Selectmen. <br /> and Citizens of the Town of Mashpee: <br /> The report of Town Counsel for the year 1974 is hereby <br /> submitted. <br /> The first week of January, 1974, was spent in the trial <br /> of two cases in the Barnstable Superior Court. Both cases <br /> involved New Seabury Corporation and its predecessors in <br /> title, Fields Point Manufacturing Company and Poppones- <br /> sett Corporation. The central issue in these cases involved <br /> J the interpretation of a cluster zoning bylaw enacted by the <br /> town in 1963 and its effect as to what was originally 1,240 <br /> acres of land of New Seabury Corporation. <br /> In 1971 the town enacted new zoning bylaws; New Sea- <br /> bury claims that the 1963 zoning bylaw gives it immunity <br /> from the application of the newer zoning bylaws. Because <br /> of the importance of the cases to the town and especially <br /> to the home owners of New Seabury, and because of the <br /> complexities, the town engaged the assistance of a Boston <br /> attorney, Manuel Katz, to try this case. The parties met a <br /> number of times before trial to attempt to narrow the is- <br /> sues; a view of the locus was taken, the case was thoroughly <br /> tried, and extremely comprehensive briefs were filed by both <br /> sides. The judge who heard the case has not as yet filed his <br /> decision. <br /> Two property owners, Anderson and Donato, brought a <br /> petition for damages against the town because of a taking <br /> of their property for the installation of a culvert under <br /> Seconset Island Road. This case was tried before an auditor <br /> over a period of several days. The auditor has not rendered <br /> a decision as yet on this matter. <br /> An appeal by Malcolm Macdonald was brought in Barn- <br /> stable Superior Court from a decision of the Board of Ap- <br /> peals, contesting the refusal to permit him to extend his <br /> trailer park. This case was on the list for hearing, but was <br /> not reached. <br /> Mashpee-Briarwood Association brought suit in Barn- <br /> stable Probate Court concerning moneys that had been de- <br /> posited some years ago for the purpose of creating a water <br /> I , <br /> i <br /> I <br />