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I would like to express my sincere gratitude to Ina
<br />G. Schlobohm for her service as secretary to our
<br />committee, and wish her well in her retirement. She
<br />will be greatly missed.
<br />I would also like to thank the Committee
<br />members, past and present, who have given their time
<br />and dedication to the various issues.
<br />Respectfully submitted,
<br />Jeralyn J. Smith, Chairman
<br />Joseph F. Bohnenberger, Vice Chairman
<br />Robert F. Palmer, Clerk
<br />J. Michael Cardeiro
<br />William Martiros
<br />Perry Ellis
<br />Mike Sweatman
<br />Lewis D. Newell
<br />Robert Lancaster, Barnstable Rep
<br />Janice M. Souza, Sandwich Rep
<br />Donald Clarke, Falmouth Rep
<br />Report of
<br />Town Counsel
<br />In calendar year 2016, Louison, Costello, Condon
<br />and Pfaff, LLP filed appearances on behalf of the Town
<br />in pending court proceedings, provided legal advice
<br />and opinions to the Board of Selectmen, Town
<br />Manager and other Town officers, boards, commissions
<br />and agencies on matters relating to Town Meeting,
<br />Bylaw amendments, municipal contracts/ agreements,
<br />leases/ real estate transactions, zoning/building code/
<br />environmental enforcement, tax assessment and tax
<br />collection, personnel administration/ employment
<br />issues, zoning variance/ special permit proceedings,
<br />preparation of a governmental reorganization plan, and
<br />other general legal issues. We have, further, provided
<br />counsel to Town officers and boards relative to
<br />negotiation of a Memorandum of Understanding with
<br />the Mashpee Wampanoag Tribe relative to joint Public
<br />Safety Services and with respect to recent litigation
<br />developments regarding the federal trust status of lands
<br />of the Mashpee Wampanoag Tribe.
<br />A summary of material pending and resolved
<br />litigation in which the Town has been engaged from
<br />January, 2016 to the present is set forth below.
<br />Bohnenberger v. Town of Mashpee, et al. (MIIA Case)
<br />Barnstable Superior Court No. BACV2013-00038
<br />The Plaintiff, Daniel Bohnenberger, is a former
<br />Mashpee Firefighter who has since received an
<br />accidental disability retirement. He brought a claim
<br />against Mashpee for declaratory relief as well as a
<br />claim for intentional interference with contractual
<br />relations against the former Town Manager and former
<br />Fire Chief. The action was settled and dismissed by
<br />stipulation of the parties on May 12, 2016 without any
<br />obligation by the Town to pay damages. This matter is
<br />closed.
<br />Catanzaro v. Derenzo & Zoning Board of Appeals
<br />Land Court No.14 MISC 482709
<br />This is an appeal pursuant to M.G.L. c.40A, §17
<br />from the issuance of a Decision for a written finding of
<br />the Zoning Board of Appeals issued on March 18, 2014
<br />with regard to property at 134 Popponesset Island
<br />Road. The Plaintiffs and co-defendants are presently
<br />engaged in settlement discussions. The Board has
<br />assumed a passive defense posture in this matter. Upon
<br />the filing of cross- Motions for Summary Judgment,
<br />the Land Court, on June 19, 2015, entered Summary
<br />Judgment in favor of the Defendants, thus, affirming
<br />the ZBA's Decision. On July 13, 2015, the Plaintiff
<br />filed a Notice of Appeal seeking further appellate
<br />review by the Appeals Court. Upon review of the briefs
<br />of the parties, the Appeals Court affirmed the decisions
<br />of the Land Court and the ZBA in June 2016. This
<br />matter is now closed.
<br />Board of Managers of the Deer Crossing
<br />Commercial Condominium Association v. MRJE,
<br />LLC v. Town of Mashpee, et al.
<br />Barnstable Superior Court No.1472CV00477
<br />This is an action brought by the organization of
<br />unit owners of a condominium to establish and enforce
<br />a lien for unpaid common expenses. The Town of
<br />Mashpee is the holder of an Instrument of Taking,
<br />which is legally secured, and will, thus, be merely
<br />monitoring this action. On June 12, 2015 the Court
<br />denied the Plaintiff's Motion for Summary Judgment,
<br />asserting the existence of issues of fact as to the validity
<br />of the disputed condo fee assessments. The case is
<br />presently scheduled for trial on May 15, 2017. The
<br />Town does not expect to participate in the trial upon
<br />stipulation by the Plaintiff to recognize/secure its lien
<br />interest.
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