2009-Annual Town Report - Laserfiche WebLink

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Report of the Town Counsel LITIGATION SUMMARY In calendar year 2009,Louison, Costello, Condon and Pfaff, LLP filed appearances on behalf of the Town in pending court proceedings, provided legal advice and opinions to the Board of Selectmen, Town Manager and other Town officers, boards and agencies on matters relating to municipal contracts/ agreements, leases/real estate, zoning/building code enforcement, tax assessment and tax collection, personnel administration/employment issues, zoning variance/ special permit proceedings and other general legal issues. A summary of the pending and resolved litigation in which the Town has been engaged from January, 2009 to the present is set forth below. Affordable Ilousint! of New England (Plaza Del Sol) v. ZBA Barnstable Superior Court Case No. BACV 2008-00517 This is an appeal under G.L. c. 40A, §17 of a decision by the Zoning Board of Appeals to uphold the cease and desist order issued by the Building Inspector/Zoning Enforcement Agent with regard to the Plaza Del Sol Motel. The Complaint was filed on July 15, 2008 and the Town's Notice of Appearance was filed on July 24, 2008. We are currently awaiting a trial date from the Court. Bingham v Town of Mashpee/Commonwealth of MA United States District Court C.A. No. 08-11770-GAO In this action, the plaintiffs, former members of the Mashpee Wampanoag Tribe, asserted Iclaims of ownership, right and title in and to real property owned by the Town of Mashpee, as well as claims for damages for purported taking of said land by the Town. On May 6, 2009, the Court dismissed this action for failure to state a claim upon which relief could be granted. Shortly thereafter, the plaintiff's filed a Motion for Reconsideration. That motion was denied by the Court on July 2, 2009. The plaintiff has did not appeal the Court's decision and the case is now closed. Kelley v. ZBA Land Court Case No. MISC 067578 This is an abutter's appeal under G.L. c. 40A, §17 of a decision by the Zoning Board of Appeals granting a variance of the side setback requirements for the construction of a deck at 31 Starboard Land, Mashpee. This is a passive defense case. A trial in this matter was held on March 13, 2009. On May 28, 2009, the Judge issued a decision dismissing this action for lack of standing. The Plaintiff did not appeal the Court's decision and the case is now closed. Mashpee v. South Cape Resort and Club Association Land Court Case No. MISC 381213 This is a Declaratory Judgment action to determine the rights and responsibilities of the parties relative to a parcel of land located at 966 Falmouth Road (Lot 2), Mashpee. The Defendant filed Counterclaims against the Town for Declaratory Judgment and Injunctive Relief. The parties have engaged in settlement discussions, however, no resolution has been achieved. Summary Judgment motions will likely be filed by the parties. 8