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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-06-14
Status Open
Type Ota Other
Docket 21 entries

Parties

Plaintiff Evans, Norma S.|Evans, David A.|Evans Marlowe, Julie
Defendant Town Of Leverett|Town Of Leverett Conservation Commission|Neiger, John J 'jono'|Deely, Joan J|David Powicki A/k/a David Alan Powicki Member Of The Leverett Conservation Commission|Firl, Julia

Lawyers

Docket Entries

  1. Land Court miscellaneous filing fee Receipt: 451262 Date: 06/14/2024
  2. Land Court surcharge Receipt: 451262 Date: 06/14/2024
  3. Case assigned to the Average Track per Land Court Standing Order 1:04.
  4. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  5. Complaint eFiled.
  6. Amended Complaint for (1) Declaratory Judgment Under G.L.c. 231A, and (2) Equitable Relief under G.L.c.185, § 1 (k), filed.
  7. The case has been assigned to the A Track. Notice sent.
  8. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/29/2024 Time: 09:00 AM
  9. Summons returned to Court with service on John J "Jono" Neiger Member of the Leverett Conservation Commission filed.
  10. Summons returned to Court with service on Joan J Deely Member of the Leverett Conservation Commission filed.
  11. Summons returned to Court with service on David Powicki Member of the Leverett Conservation Commission filed.
  12. Summons returned to Court with service on Julia Firl Member of the Leverett Conservation Commission filed.
  13. Affidavit of Service of Process Pursuant to Mass. R. Civ. P. 4 (d) 4 & 5., filed.
  14. Appearance of Donna L MacNicol, Esq. for Town of Leverett, Town Of Leverett Conservation Commission, John J "Jono" Neiger Member of the Leverett Conservation Commission, Joan J Deely Member of the Leverett Conservation Commission, David Powicki a/k/a David Alan Powicki Member of the Leverett Conservation Commission, Julia Firl Member of the Leverett Conservation Commission, filed
  15. Answer to Amended Complaint for Declaratory Judgment and Equitable Relief and Complaint for Counterclaim, filed.
  16. Case Management Conference Joint Statement, filed.
  17. Plaintiffs' Answer to Defendants' Complaint for Counterclaim, filed.
  18. Event Resulted: Case Management Conference scheduled on: 07/29/2024 09:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  19. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference VIA ZOOM Date: 05/19/2025 Time: 10:00 AM Email notice to: Attorney Michael Pill and Attorney Donna L. MacNichol.
  20. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  21. Telephonic case management conference held. The parties appeared through counsel. This case concerns an easement over Evans-Marlowe Plaintiffs' land for access to land controlled by the Town of Leverett Conservation Commission. Plaintiffs argue that the easement (1) doesn't include access over the Evans-Marlowe land; (2) doesn't include any right to park vehicles on the Evans-Marlowe land; and (3) can't be used for access to any land other than the tract the parties describe as "PARCEL III." Defendants take the opposite position on every point. After hearing from the parties, the Court ORDERS the parties to complete by April 29, 2025 all discovery (both fact and expert). The Court ORDERS the parties to appear on May 19, 2025 at 10:00 AM for a pre-trial videoconference. The Court expects that as of that conference, Defendants will have a plan showing the location of the disputed easement(s). The Court PROHIBITS the parties filing any dispositive motions without first seeking leave of the Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael Pill, Esq. [email protected] Defendant: Donna L MacNicol, Esq. [email protected] Sent On: 07/30/2024 14:38:59

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