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Commonwealth did not acquire title to the subject land.
<br /> Report of The parties are presently engaged in settlement
<br /> Town Counsel discussions.
<br /> Board of Managers of the Deer Crossing
<br /> In calendar year 2017,Louison,Costello,Condon Commercial Condominium Association v. MRJE,
<br /> and Pfaff,LLP filed appearances on behalf of the Town LLC v.Town of Mashpee,et al.
<br /> in pending court proceedings, provided legal advice Barnstable Superior Court No.1472CV00477
<br /> and opinions to the Board of Selectmen, Town This is an action brought by the organization of
<br /> Manager and other Town officers,boards,commissions unit owners of a condominium to establish and enforce
<br /> and agencies on matters relating to Town Meeting, a lien for unpaid common expenses. The Town of
<br /> Bylaw amendments,municipal contracts/agreements, Mashpee is the holder of an Instrument of Taking,
<br /> leases/ real estate transactions, zoning/building code/ which is legally secured, and will, thus, be merely
<br /> environmental enforcement, tax assessment and tax monitoring this action upon the filing of an Answer.
<br /> collection, personnel administration/ employment The case was scheduled to go to trial in October 2017,
<br /> issues, zoning variance/ special permit proceedings, but the parties have mutually agreed to stay the
<br /> preparation of a governmental reorganization plan,and proceedings pending final negotiations between the
<br /> other general legal issues. We have, further,provided Condominium Association and the unit owner. The
<br /> counsel to Town officers and boards relative to Town's tax receivables will be paid in full, with
<br /> negotiations with the Mashpee Wampanoag Tribe interest, under the proposed settlement arrangement.
<br /> relative to joint Public Safety Services and with respect We will continue to monitor this matter through final
<br /> to litigation developments regarding the federal trust disposition.
<br /> status of lands of the Mashpee Wampanoag Tribe and
<br /> relative to operations of the Upper Cape Regional Emmeluth,Trustee v.Furbush,et al.(Zoning Board
<br /> Transfer Station. of Appeals)
<br /> Barnstable Superior Court NO.BACV2013-00579
<br /> A summary of material pending and resolved This is a G.L. c.40A, §17 appeal of three
<br /> litigation in which the Town has been engaged from decisions of the Zoning Board of Appeals which denied
<br /> January,2017 to the present is set forth below. the petitions of Robert Emmeluth, Trustee of the
<br /> Gooseberry Island Trust for 3 variances necessary to
<br /> Board of Assessors v.Commissioner of Revenue construct asingle-family dwelling on property owned
<br /> Appellate Tax Board Docket No.C334519 by the Trust.The case has been placed on hold by the
<br /> The Board of Assessors of the Town of Mashpee Court, pending resolution of a related Land Court
<br /> ("Assessors"), filed its Petition Under Formal action wherein the plaintiff's title to a portion of the
<br /> Procedure on August 4, 2017, pursuant to G.L. c.58, subject premises has been challenged.
<br /> §14, seeking a correction of the valuation of State
<br /> Owned Land in Mashpee determined by the Fish,et al. v. Town of Mashpee Board of Appeals,
<br /> Commissioner of Revenue ("Commissioner") in the et al.
<br /> 2017 Cherry Sheet list of State Owned Land. The Barnstable Superior Court No.1472CV00594
<br /> Assessors assert that they are aggrieved by said This is an appeal pursuant to M.G.L.c.40A, §17
<br /> determination of land value on the bases that: 1)there from a decision of the Town of Mashpee Zoning Board
<br /> are errors and discrepancies in the identification, of Appeals filed on November 20, 2014 regarding
<br /> segmentation and related valuation criteria utilized by construction and operation of an auto body shop at 89
<br /> the Commissioner, and 2) more significantly,that the Industrial Drive.We have filed a Notice of Appearance
<br /> Commissioner has failed to comply with his statutory on behalf of the ZBA, and will be merely monitoring
<br /> duty to establish a valuation methodology reasonably the progress of this appeal. The Court held a trial on
<br /> suited to determine an approximation of the "fair cash April 12 and 13, 2017. Upon trial,the Court affirmed
<br /> value" of the subject State Owned Land and to the grant of zoning relief issued by the ZBA.Barring an
<br /> accomplish the statutory purpose of G.L. c. 58, §13, appeal,this matter will be closed imminently.
<br /> which is to reimburse Mashpee for the tax revenue it
<br /> would have received in the event that the
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