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- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 440069 Date: 04/12/2023
- Land Court surcharge Receipt: 440069 Date: 04/12/2023
- Land Court summons Receipt: 440069 Date: 04/12/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Intervenor-Defendant Thaler Lt. Island, LLC's Motion for Leave to Amend Pleadings to Assert Right of Judicial Review of Decision After Remand, filed. (Filed in 21 MISC 000074)
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Sarah Turano-Flores, Esq. [email protected] Plaintiff: Valerie A Moore, Esq. [email protected] Sent On: 04/20/2023 15:10:50
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 06/02/2023 Time: 10:30 AM Counsel notified via email.
- Appearance of Carolyn M Murray, Esq., Jonathan G Murray, Esq. for Sharon Inger, as a member of the Town of Wellfleet Zoning Board of Appeals, Trevor Pontbriand, as a member of the Town of Wellfleet Zoning Board of Appeals, William Sullivan, IV, as a member of the Town of Wellfleet Zoning Board of Appeals, Reatha Ciotti, as a member of the Town of Wellfleet Zoning Board of Appeals, Janet Morrissey, as a member of the Town of Wellfleet Zoning Board of Appeals, filed
- Defendant Town of Wellfleet Zoning Board of Appeals' Answer to Complaint After Remand, filed.
- Answer of Lauren Payne (f/k/a Lauren B. Lush), Bonnie J. Sambor, Dorothy Wolf (f/k/a Dorothy G. Hebert), Marion L. Fontaine filed.
- Joint Statement of the Parties for Case Management Conference, filed.
- Event Resulted: Case Management Conference scheduled on: 06/02/2023 10:30 AM Has been: Status conference held in 21 MISC 000074 and case management conference and early intervention event held in 23 MISC 0000148 via videoconference. In 21 MISC 000074, Attorney Christopher Kirrane appeared on behalf of the plaintiffs, Attorney Jonathan Murray appeared on behalf of the defendants, and Attorney Sarah Turano-Flores appeared on behalf of the Intervenor-Defendant ("Thaler"). In 23 MISC 000148, Attorney Sarah Turano-Flores appeared on behalf of the plaintiff Thaler, Attorney Jonathan Murray appeared on behalf of the defendant Town of Wellfleet Zoning Board of Appeals (the "ZBA"), and Attorney Christopher Kirrane appeared on behalf of the Private Defendants. Court is in receipt of the Joint Statement of the Parties for Case Management Conference. Attorney Turano-Flores advised that, following remand in 21 MISC 000074, a special permit application was filed by Private Defendants for the same project, and that Thaler filed 23 MISC 000148 appealing, under G.L. c. 40A, § 17, the decision by the ZBA issuing a special permit, and seeking a declaratory judgment that the approved project impermissibly and materially interferes with Thaler's access easement rights over the property. Court discussed with counsel how best to proceed with these cases procedurally, and whether judgment should issue once both cases are resolved or whether one case should be resolved first. Attorneys Turano-Flores and Kirrane then advised that they have not yet had a chance to engage in settlement discussions but are amenable to settlement or mediation in order to resolve both cases. Following colloquy, court to issue a Mediation Screening Order in 23 MISC 000148. By July 14, 2023, parties to complete mediation screening, with the ZBA excused from screening. By July 21, 2023, parties to submit a written joint report to the court as to outcome of the mediation screening, whether parties are willing to attend mediation, and if so, naming mediation provider, identity of neutral, and date of session, and if not, including a proposed discovery schedule, advising how the parties intend to proceed with these two related cases and whether Private Defendants intend to amend their counterclaim to include a claim relating to relocation of the easement, and requesting a hearing, if they so choose. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
- ADR referral to REBA Dispute Resolution, Inc. issued. Judge: Rubin, Hon. Diane R.
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