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Case Information
Filed
2024-05-30
Status
Open
Type
E Filed Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket
29 entries
Parties
Plaintiff
Walpole Sportsman's Association, Inc.
Defendant
Town Of Walpole Planning Board|Walsh Brothers Building Company|Hasenjaeger, John|Lacivita, Philip
Lawyers
Docket Entries
- Mediation report from Land Court mediation attorney, filed. Counsel report that after extensive discussion, the Walpole Sportsman's Assn. reached an agreement with the private party and will thus not be involved in mediation of the remaining issues. The rest of the case is inextricably tied to case no. 21 MISC 000611, the parties to which previously signed the Agreement to Mediate. Progress is being made. For more detailed status see Mediator's Report of even date in 21 MISC 000611.
- Land Court miscellaneous filing fee Receipt: 450840 Date: 05/31/2024
- Land Court surcharge Receipt: 450840 Date: 05/31/2024
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff. (Courtesy Copy received on June 10, 2024)
- The case has been assigned to the F Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: David K McCay, Esq. [email protected] Defendant: Jonathan David Eichman, Esq. [email protected] Defendant: Thomas P Lane, Jr., Esq. [email protected] Defendant: Richard A Gelerman, Esq. [email protected] Defendant: Jeffery D Ugino, Esq. [email protected] Defendant: Alan Brian Almeida, Esq. [email protected] Defendant: Brian Charles Almeida, Esq. [email protected] Sent On: 06/06/2024 15:48:41
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 06/25/2024 Time: 09:45 AM
- Answer of Walsh Brothers Building Company, filed.
- Appearance of Thomas P Lane, Jr., Esq., Jonathan David Eichman, Esq. for Town Of Walpole Planning Board, filed
- Summons returned to Court with service on Town Of Walpole Planning Board filed. Served by delivering in hand to Kathleen Delaney, Planning Board Administration, person in charge at the time of service on June 13, 2024.
- Summons returned to Court with service on John Hasenjaeger Personal Representative of the Estate of Walter P. Lacivita filed. Served by Attorney Jeffery D. Ugino accepting service on June 10, 2024.
- Summons returned to Court with service on Philip Lacivita Personal Representative of the Estate of Walter P. Lacivita filed. Served by Attorney Jeffery D. Ugino accepting service on June 10, 2024.
- Summons returned to Court with service on Walsh Brothers Building Company filed. Served by Attorney Brian C. Almeida accepting service on May 31, 2024.
- Joint Case Management Conference Statement, filed. (Courtesy copy received on June 26, 2024.)
- Event Resulted: Case Management Conference scheduled on: 06/25/2024 09:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 25, 2024. Status Conference and Case Management Conference held by Zoom. Attorneys Brian Almeida, Thomas Lane, Jeffrey Ugino, and David McCay appeared. After remand in 21 MISC 000611, defendant Walpole Planning Board issued a decision approving the subdivision with conditions. In 21 MISC 000611, Walsh Brothers Building Co. appealed some of the conditions. In 24 MISC 000304, abutter Walpole Sportsman's Association, Inc. appealed the decision, and also brought an adverse possession claim against the individual defendants. As both cases are appeals of the same planning board decision, 21 MISC 000611 and 24 MISC 000304 are now CONSOLIDATED. Both the Walsh Brothers Building Company and the Walpole Sportsman's Association explain their reasoning to filing appeal of the planning board decision. The Court then inquired of the Walpole Sportsman's Association's adverse possession claim. After discussion, the Discovery is now open and set to close on October 31, 2024. The parties shall discuss how to conduct discovery and litigate the decision appeal claims and the adverse possession claim. A continued case management conference is set down for July 31, 2024 at 9:45am by Zoom. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David K McCay, Esq. [email protected] Defendant: Jonathan David Eichman, Esq. [email protected] Defendant: Thomas P Lane, Jr., Esq. [email protected] Defendant: Alan Brian Almeida, Esq. [email protected] Defendant: Brian Charles Almeida, Esq. [email protected] Defendant: Richard A Gelerman, Esq. [email protected] Defendant: Jeffery D Ugino, Esq. [email protected] Sent On: 06/26/2024 08:48:55
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 07/31/2024 Time: 09:45 AM
- Defendants' Answer and Counterclaim, filed.
- Event Resulted: Case Management Conference scheduled on: 07/31/2024 09:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 31, 2024. Case Management Conference held by Zoom. Attorneys Brian Almeida, Thomas Lane, Jeffrey Ugino, Rory Byrne and David McCay appeared. The private parties have reported to the Court they have been engaging in settlement discussions and are close to an agreement. The private parties also report that they agree that all claims laid out in both 21 MISC 000611 and 24 MISC 000304 will be heard together. Attorney Lane reports that he will attend the Executive Session of the Planning Board to discuss an agreement. At the request of the parties, discovery is extended until December 2, 2024, and a status conference is set down for December 5, 2024 at 9:00am by Zoom. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David K McCay, Esq. [email protected] Defendant: Jonathan David Eichman, Esq. [email protected] Defendant: Thomas P Lane, Jr., Esq. [email protected] Defendant: Alan Brian Almeida, Esq. [email protected] Defendant: Brian Charles Almeida, Esq. [email protected] Defendant: Richard A Gelerman, Esq. [email protected] Defendant: Jeffery D Ugino, Esq. [email protected] Defendant: Rory N Byrne, Esq. [email protected] Sent On: 07/31/2024 12:26:32
- Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 12/05/2024 Time: 09:00 AM
- Plaintiff's Answer to the Counterclaims of John Hasenjaeger and Philip Lacivita, as Personal Representative of the Estate of Walter P. Lacivita, filed.
- Event Resulted: Status Conference scheduled on: 12/05/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding December 5, 2024. Status Conference held by Zoom. Attorneys Brian Almeida, Thomas Lane, Jeffrey Ugino and David McCay appeared. The parties report settlement discussions toward a potential agreement are ongoing. These cases are STAYED. A status report on settlement discussions is due on January 6, 2025, after which the court will determine next steps. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David K McCay, Esq. [email protected] Defendant: Jonathan David Eichman, Esq. [email protected] Defendant: Thomas P Lane, Jr., Esq. [email protected] Defendant: Alan Brian Almeida, Esq. [email protected] Defendant: Brian Charles Almeida, Esq. [email protected] Defendant: Richard A Gelerman, Esq. [email protected] Defendant: Jeffery D Ugino, Esq. [email protected] Defendant: Rory N Byrne, Esq. [email protected] Sent On: 12/06/2024 09:12:23
- Email Status Report: "Mr. Clerk, I hope that you had a great weekend. I the opportunity to confer with all counsel in this matter regarding the status report due to the Court today. The memorandum of understanding between Walpole Sportsmen's Association, Walsh Brothers Building Company, and the property owners has been executed. The Planning Board intends to review the executed agreement in executive session at their upcoming meeting on January 16th. If you could kindly advise as to the sufficiency of this status report at your earliest convenience it would be greatly appreciated. Thank you as always for your kind attention. Very truly yours, _________________________ Brian C. Almeida, Esq. Partner Connor & Hilliard, P.C."
- January 7, 2025. Status report received and reviewed. A further status report is due on January 31, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David K McCay, Esq. [email protected] Defendant: Jonathan David Eichman, Esq. [email protected] Defendant: Thomas P Lane, Jr., Esq. [email protected] Defendant: Alan Brian Almeida, Esq. [email protected] Defendant: Brian Charles Almeida, Esq. [email protected] Defendant: Richard A Gelerman, Esq. [email protected] Defendant: Jeffery D Ugino, Esq. [email protected] Defendant: Rory N Byrne, Esq. [email protected] Sent On: 01/07/2025 09:59:18
- Email Status Report: "Mr. Clerk, I hope all is well with you. I had the opportunity to confer with all counsel on this matter regarding the status report due to the Court today, and the agreed status report is as follows: the Planning Board (the "Board") reviewed the memorandum of agreement between Walsh Brothers Building Co. ("WBBC") and Walpole Sportsmen's Club in executive session on January 16. The Board also discussed potential alterations to the conditions of approval that had been appealed by WBBC. Counsel for the Board and WBBC conferred and believe that there exists potential for a mediated resolution. The parties respectfully inquire of the Court as to whether Attorney Barbara Macy, who had previously conducted a mediation session between WBBC and the Board, would potentially be available to facilitate a mediation session between the Board and WBBC. Have a great weekend, _________________________ Brian C. Almeida, Esq."
- January 31, 2025. Status report received and reviewed. This matter is referred to attorney Barbara Macy for mediation. A further status report is due March 31, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David K McCay, Esq. [email protected] Defendant: Jonathan David Eichman, Esq. [email protected] Defendant: Thomas P Lane, Jr., Esq. [email protected] Defendant: Alan Brian Almeida, Esq. [email protected] Defendant: Brian Charles Almeida, Esq. [email protected] Defendant: Richard A Gelerman, Esq. [email protected] Defendant: Jeffery D Ugino, Esq. [email protected] Defendant: Rory N Byrne, Esq. [email protected] Sent On: 01/31/2025 15:48:02
- Mediation referral to Attorney Barbara J. Macy, Land Court Mediator, issued. Referred to Mediation. Instructions to Mediator: n/a. Report back to Court on or before March 31, 2025.
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