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Barnstable Superior Court No.1472CV00477 Mashpee v.Emmeluth,Trustees of SN Trust This is an action brought by the organization of Land Court No. 14 MISC 486868 unit owners of a condominium to establish and enforce This is an action commenced by the Town of a lien for unpaid common expenses. The Town of Mashpee on October 3, 2014 asserting claims to Try Mashpee is the holder of an Instrument of Taking, Title,Quiet Title and for Declaratory Relief to resolve which is legally secured, and will, thus, be merely a title dispute with respect to a parcel of marsh land monitoring this action upon the filing of an Answer. located on Punkhorn Point in the vicinity of On June 12, 2015 the Court denied the Plaintiff's Gooseberry Island. The parties' adversary claims of Motion for Summary Judgment,asserting the existence title became apparent when the defendant applied to of issues of fact as to the validity of the disputed condo the Conservation Commission for an Order of fee assessments,thus,this matter will likely proceed to Conditions to construct a bridge on and over a portion trial unless settled. of marshland presumed for decades to have been owned by the Town. A related action filed by private Emmeluth,Trustee v.Furbush,et al. abutters to the subject marshland has been consolidated (Zoning Board of Appeals) with this case for procedural purposes by the Court. A Barnstable Superior Court NO BACV2013-00579 Case Management Conference was convened at the This is a G.L. c.40A, §17 appeal of three Land Court on December 16,2014,at which time the decisions of the Zoning Board of Appeals which denied respective parties outlined their title positions for the the petitions of Robert Emmeluth, Trustee of the Court and- agreed to exchange information for the Gooseberry Island Trust for 3 variances necessary to purposes of exploring potential for mediation of these construct a single-family dwelling on property owned claims.Discovery is in progress. by the Trust. A notice of appearance has been filed on behalf of the ZBA. The case has been placed on hold Trustees of the Pheasant Run Condominium Trust by the Court, pending resolution of a related Land v.Susan Palermo v.Town of Mashpee,et al. Court action wherein the plaintiff's title to a portion of Barnstable District Court No. 1589CV0064 the subject premises has been challenged. This is an action by the organization of unit owners of a condominium pursuant to M.G.L. c. 183A, §§ 6(a) Fish,et al. v. Town of Mashpee Board of Appeals, and c.254,§§ 5 and 5A,to establish and enforce a lien et al. for unpaid common expenses. The Town has filed an Barnstable Superior Court No.1472CV00594 Answer asserting its tax lien claim, and intends to This is an appeal pursuant to M.G.L.c.40A, §17 merely monitor this action as an interested party. from a decision of the Town of Mashpee Zoning Board of Appeals filed on November 20, 2014 regarding Trustees of the Pool Villa at the Mews construction and operation of an auto body shop at 89 v.Bruce and Susan Reynolds et al Industrial Drive. We have filed a Notice of Appearance (Town of Mashpee) on behalf of the ZBA, and will be merely monitoring Barnstable District Court No 1525CV0239 the progress of this appeal. The Plaintiff has filed a This is an action by the organization of unit Motion for Summary Judgment, which is awaiting owners of a condominium pursuant to M.G.L.c. 183A, hearing. §§ 6(a) and c. 254, §§ 5 and 5A, to establish and enforce a lien for unpaid common expenses. The Town Krock v.Zoning Board of Appeals has filed an Answer asserting its tax lien claim, and Land Court Case NO.395229 intends to merely monitor this action as an interested This case involves a property owner's appeal party. pursuant to G.L.c.40A,§17 from the Board's denial of a Special Finding and Variance with regard to property Ryan v.Mashpee Zoning Board of Appeals located at 4 Cross Street. The trial of this case was and Michael Bloom,et al. conducted on July 14, 2014 and the parties filed their Barnstable Superior Court No.BACV2013.00657 post-trial Briefs in December,2014.On July 13,2015, This action is an appeal pursuant to G.L. c.40A, the Land Court issued a Decision affirming each of the §17 from 3 Decisions of the Zoning Board of Appeals ZBA's decisions denying the Plaintiff's requested granting a Special Finding and Variances with respect zoning relief. The Plaintiff has filed a Notice of to the property at 17 Overlook Knoll Road, Mashpee. Appeal. 157