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Board of Managers of the Deer Crossing
<br /> Report of the Commercial Condominium Association v. MRJE,
<br /> Town Counsel LLC v.Town of Mashpee,et al.;
<br /> Barnstable Superior Court No. 1472CV00477
<br /> In calendar year 2018, Louison, Costello, This is an action brought by the organization of
<br /> Condon and Pfaff,LLP filed appearances on behalf of unit owners of a condominium to establish and
<br /> the Town in pending court proceedings,provided legal enforce a lien for unpaid common expenses. The
<br /> advice and opinions to the Board of Selectmen,Town Town of Mashpee is the holder of an Instrument of
<br /> Manager and other Town officers, boards, commis- Taking, which is legally secured, and will, thus, be
<br /> sions and agencies on matters relating to Town merely monitoring this action upon the filing of an
<br /> Meeting, Bylaw amendments, municipal contracts/ Answer. Settlement terms have been stipulated by the
<br /> agreements, leases/ real estate transactions, parties,pursuant to which The Town's tax receivables
<br /> zoning building code/ environmental enforcement,
<br /> will be paid in full,with interest.
<br /> tax assessment and tax collection,personnel adminis- Emmeluth,Trustee v.Furbush,et al.
<br /> tration/ employment issues, zoning variance/ special (Zoning Board of Appeals);
<br /> permit proceedings,and other general legal issues.We Barnstable Superior Court NO.BACV2013-00579
<br /> have, further, provided counsel to Town officers and
<br /> boards relative to public safety mutual aid negotia- This is a G.L. c.40A, §17 appeal of three deci-
<br /> tions with the Mashpee Wampanoag Tribe and with sions of the Zoning Board of Appeals which denied
<br /> respect to litigation and legislative developments the petitions for 3 variances necessary to construct a
<br /> regarding the federal trust status of lands of the single-family dwelling on property owned by the
<br /> Mashpee Wampanoag Tribe. Trust on Gooseberry Island.The case has been placed
<br /> on hold by the Court, pending resolution of a related
<br /> A summary of material pending and resolved lit- Land Court action wherein the plaintiff's title to a por-
<br /> igation in which the Town has been engaged from tion of the subject premises has been challenged.
<br /> January,2018 to the present is set forth below.
<br /> Haney,Trustee of Gooseberry Island Trust,et al.v.
<br /> Board of Assessors v.Commissioner of Revenue; Jonathan D. Furbush et al. (Mashpee Zoning
<br /> Appellate Tax Board Docket No.C334519 Board of Appeals);
<br /> The Board of Assessors filed its Petition Under Barnstable Superior court No. 19 CV 0012
<br /> Formal Procedure on August 4,2017,pursuant to G.L. The applicant/plaintiff recently filed the same 3
<br /> c.58, §14, seeking a correction of the valuation of variance requests in the above-captioned matter with
<br /> State Owned Land in Mashpee determined by the the ZBA,which the Board denied for the same reasons
<br /> Commissioner of Revenue ("Commissioner") in the they were denied in 2013—still no access to the Island
<br /> 2017 Cherry Sheet list of State Owned Land. The or proof of ownership of the land/marshland.This is a
<br /> Assessors assert that they are aggrieved by said deter- G.L. c.40A, §17 appeal of three decisions of the
<br /> mination of land value because: 1)there are errors and Zoning Board of Appeals which denied the petitions
<br /> discrepancies in the identification, segmentation and for variances necessary to construct a single-family
<br /> related valuation criteria utilized by the dwelling on property owned by the Trust. The appli-
<br /> Commissioner,and 2)the Commissioner has failed to cant/plaintiff has appealed the latest denials.We have
<br /> comply with his statutory duty to establish a valuation requested that they consolidate the new appeal with
<br /> methodology reasonably suited to determine an the pending appeal.
<br /> approximation of the `fair cash value" of the subject
<br /> State Owned Land and to accomplish the statutory Fish,et al. v. Town of Mashpee Board of Appeals,
<br /> purpose of G.L. c. 58, §13, which is to reimburse et al;
<br /> Mashpee for the tax revenue it would have received in Barnstable Superior Court No. 1472CV00594
<br /> the event that the Commonwealth did not acquire title This is an abutters' appeal pursuant to M.G.L.
<br /> to the subject land. The parties have been engaged in c.40A, §17 from a decision of the Town of Mashpee
<br /> settlement discussions. Zoning Board of Appeals filed on November 20,2014
<br /> granting a special permit regarding construction and
<br /> operation of an auto body shop at 89 Industrial Drive.
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