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at 4 Cross Street. After substantive settlement Mashpee v. South Cape Resort and Club negotiations proved unsuccessful, the matter was Association remanded for further hearing before the Board in Land Court Case No.08 MISC 381213 September 2012. The requested relief was again This is a Declaratory Judgment action to denied upon conclusion of the remand hearing. The determine the rights and responsibilities of the parties case was tried in the Land Court in July 2014,and post- relative to a parcel of land located at 966 Falmouth trial briefs were filed and closing arguments made by Road (Lot 2), Mashpee. The Defendant filed Counsel in December. We are currently awaiting the Counterclaims against the Town for Declaratory Court's decision. Judgment and Injunctive Relief. The parties filed Cross-Motions for Summary Judgment with the Land Mantel, et al. v. Jonathan D. Furbush, et al. Court. The Cross-Motions for Summary Judgment (Mashpee Zoning Board of Appeals) were argued on December 2,2012. On April 22,2013, Barnstable Superior Court No BACV2013-00464 the Land Court denied the respective Motions for This is an appeal filed pursuant to M.G.L.c.40A, Summary Judgment on the basis of the existence of §17 from a decision of the Zoning Board of Appeals material issues of fact. A pre-trial conference was held filed with the Mashpee Town Clerk on August 14,2013 on May 28,2013. A final status conference in regards regarding 270 Monomoscoy Road, Mashpee. This to this matter was scheduled for August 15,2013 and office filed a Motion to Dismiss on behalf of the Board the matter was scheduled to begin trial on October 24, for Plaintiff's failure to comply with the statutory 2013. However, on Plaintiff's Motion, the trial date requirements of M.G.L.c.40A,§17. After hearing,this was postponed and the parties engaged in further matter was dismissed by Barnstable Superior Court. settlement discussions. An Agreement for Judgment As the period in which to appeal has lapsed,this matter was filed with the Court on May 15,2014 affirming the is now closed. Town's fee interest in the subject property, but authorizing the grant of an easement allowing the Mashpee v.Emmeluth,Trustee of SN Trust Defendant to use 12 parking spaces on the parcel Land Court No. 14 MISC 486868-CHP adjunct to its Tennis Club use. The Court issued a This is an action commenced by the Town of Judgment and Order pursuant to said Agreement on Mashpee on October 3, 2014 asserting claims to Try May 17,2014. This matter is now closed. Title,Quiet Title and for Declaratory Relief to resolve a title dispute with respect to a parcel of marsh land Ryan v.Mashpee Zoning Board of Appeals located on Punkhom Point in the vicinity of and Michael Bloom,et al. Gooseberry Island. The parties' adversary claims of Barnstable Superior Court No BACV2013-00657 title became apparent when the Defendant applied to This action is an appeal pursuant to G.L. c.40A, the Conservation Commission for an Order of §17 from 3 Decisions of the Zoning Board of Appeals Conditions to construct a bridge on and over a portion granting a Special Finding and Variances with respect of marshland presumed for decades to have been to the property at 17 Overlook Knoll Road,Mashpee. owned by the Town. A related action filed by private On January 16, 2014, this office filed a Notice of abutters to the subject marshland has been consolidated Appearance on behalf of the Board.On July 23,2014, with this case for procedural purposes by the Court. A we received from Attomey Ryan Requests for Case Management Conference was convened at the Production of Documents to Mashpee Zoning Board of Land Court on December 16,2014,at which time the Appeals. Our Responses were timely filed thereafter. respective parties outlined their title positions for the We are currently awaiting a date for the Court's initial Court and agreed to exchange information for the status conference. The ZBA will assume a passive purposes of exploring potential for mediation of these defense posture in this matter. claims. We are currently reviewing title documents and plans provided by the Defendant,upon completion of Trustees of the Pheasant Run Condominium Trust which, a report will be made to the Selectmen in this v.Dawn M.Macone regard. No discovery will be initiated until potential (Town of Mashpee) settlement/mediation options have been explored. Falmouth District Court No 1398 CV 0098 This is an action brought by the organization of unit owners of a condominium against the unit owner 148