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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-17
Status Closed
Type Cnc Certiorari, G.l. Chapter 249, 4
Docket 36 entries
Disposition disposed

Parties

Plaintiff Sieber, Joseph|Landau, Jodi|Rapoport, Susan|Raporport, James|Carty, Mary|Rapoport, James
Defendant Edgartown Conservation Commission|Vincent, Jr., Edward|Avakian, Robert|Brown, Christina|Carlson, Jeff|Gibbs, Maximillian|Kontje, Geoffrey|Province, Lillian

Lawyers

Docket Entries

  1. Land Court record mailed to Dukes County Superior Court.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433341 Date: 08/17/2022
  4. Land Court surcharge Receipt: 433341 Date: 08/17/2022
  5. Land Court summons Receipt: 433341 Date: 08/17/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Appearance of Michael A Goldsmith, Esq., Ronald Rappaport, Esq. for Edgartown Conservation Commission, Edward Vincent, Jr. Member of the Edgartown Conservation Commission, Robert Avakian Member of the Edgartown Conservation Commission, Christina Brown Member of the Edgartown Conservation Commission, Jeff Carlson Member of the Edgartown Conservation Commission, Maximillian Gibbs Member of the Edgartown Conservation Commission, Geoffrey Kontje Member of the Edgartown Conservation Commission, Lillian Province Member of the Edgartown Conservation Commission, filed
  8. Summons returned to Court with service on Edward Vincent, Jr. Member of the Edgartown Conservation Commission filed. Delivered in hand on August 22, 2022.
  9. Summons returned to Court with service on Edgartown Conservation Commission filed. Delivered in hand on August 19, 2022.
  10. Summons returned to Court with service on Lillian Province Member of the Edgartown Conservation Commission filed. Delivered in hand on August 23, 2022.
  11. Summons returned to Court with service on Geoffrey Kontje Member of the Edgartown Conservation Commission filed. Delivered in hand on August 22, 2022.
  12. Summons returned to Court with service on Maximillian Gibbs Member of the Edgartown Conservation Commission filed. Left at last and usual place of abode on August 25, 2022.
  13. Summons returned to Court with service on Jeff Carlson Member of the Edgartown Conservation Commission filed. Delivered in hand on August 22, 2022.
  14. Summons returned to Court with service on Christina Brown Member of the Edgartown Conservation Commission filed. Delivered in hand on August 19, 2022.
  15. Summons returned to Court with service on Robert Avakian Member of the Edgartown Conservation Commission filed. Delivered in hand on August 22, 2022.
  16. Summons returned to Court with service on Edgartown Conservation Commission, Edward Vincent, Jr. Member of the Edgartown Conservation Commission, Robert Avakian Member of the Edgartown Conservation Commission, Christina Brown Member of the Edgartown Conservation Commission, Jeff Carlson Member of the Edgartown Conservation Commission, Maximillian Gibbs Member of the Edgartown Conservation Commission, Geoffrey Kontje Member of the Edgartown Conservation Commission, Lillian Province Member of the Edgartown Conservation Commission filed.
  17. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Patrick P Dinardo, Esq. [email protected] Plaintiff: Ryan Rosenblatt, Esq. [email protected] Defendant: Michael A Goldsmith, Esq. [email protected] Defendant: Ronald Rappaport, Esq. [email protected] Sent On: 09/22/2022 09:10:01
  18. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 10/31/2022 Time: 09:30 AM
  19. Event Resulted: Case Management Conference scheduled on: 10/31/2022 09:30 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
  20. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 10/31/2022 Time: 02:00 PM
  21. Defendant Edgartown Conservation Commission's Motion to Join the Jeffrey N. Karp Irrevocable GST Trust of 2021 and the Jill J. Karp Irrevocable GST Trust of 2021, filed (by email).
  22. The Jeffrey N. Karp Irrevocable GST Trust of 2021's and the Jill J. Karp Irrevocable GST Trust of 2021's Support of the Edgartown Conservation Commission's Motion to Join the Trusts and the Trusts' Companion Motion to Intervene and to Reschedule the Case Management Conference, filed (by email).
  23. Plaintiffs' Omnibus Opposition to Defendant's Motion to Join and proposed Intervener's Support of the Defendant's Motion to Join, filed.
  24. Event Resulted: Case Management Conference scheduled on: 10/31/2022 02:00 PM Has been: Continued Hon. Kevin T. Smith, Presiding
  25. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 11/21/2022 Time: 11:00 AM
  26. Joint Case Management Conference Statement, filed (by email).
  27. Event Resulted: Case Management Conference scheduled on: 11/21/2022 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 21, 2022. Case management conference held via videoconference. Early intervention event held. Attorneys Patrick P. Dinardo and Ryan Rosenblatt appeared for the plaintiffs. Attorney Michael A. Goldsmith appeared for the defendants. Attorneys Kevin O'Flaherty and Sally Salia appeared for the Jeffrey N. Karp Irrevocable GST Trust and the Jill J. Karp Irrevocable GST Trust (the "Trusts"), who have moved to intervene as parties defendant in this case. The court began the case management conference by raising the issue of subject matter jurisdiction and the court's concern that an appeal of the Conservation Commission's Order of Conditions is not within the scope of the Land Court's subject matter jurisdiction. The court set a briefing schedule on this issue. The plaintiffs will file their brief on the court's subject matter jurisdiction no later than Friday, December 23, 2022. The defendants will file their reply brief no later than Wednesday, January 25, 2023, and the plaintiffs will file their sur reply no later than Wednesday, February 1, 2023. At that time, the court will set a date for argument on the briefs. The court declined to rule on whether to allow the Trusts to join the defendants in this case until after briefing and argument on the issue of subject matter jurisdiction. (Smith, J.).
  28. Plaintiffs' Opening Brief Regarding the Court's Question as to Its Subject Matter Jurisdiction, filed (by email).
  29. Proposed Intervenors' Reply Brief Regarding the Court's Question as to its Subject Matter Jurisdiction, filed.
  30. Defendant Conservation Commission's Response to Plaintiffs' and Proposed Intervenors' Briefs Regarding Subject Matter Jurisdiction of this Court, filed.
  31. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 02/17/2023 Time: 10:15 AM
  32. Plaintiffs' Reply Brief Regarding the Court's Question as to its Subject Matter Jurisdiction, filed.
  33. Event Resulted: Hearing scheduled on: 02/17/2023 10:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding February 17, 2023. Status conference held via videoconference. Attorneys Patrick Dinardo and Ryan Rosenblatt appeared for the plaintiffs. Attorney Michael Goldsmith appealed for the defendants. Attorney Kevin O'Flaherty appeared for proposed intervenors, the Jeffrey N. Karp Irrevocable GST Trust and the Jill J. Karp Irrevocable GST Trust. The purpose of this status conference was to discuss the briefs submitted by the parties on the question of whether the Land Court has subject matter jurisdiction over the appeal of a decision of the Edgartown Conservation Commission, independent of any other permits or decisions which are within the court's jurisdiction. All parties agreed that the question of subject matter jurisdiction is governed by the analysis provided in Colbea Enterprises, LLC v. Framingham Zoning Bd. of Appeals, 16 MISC 000345 (HPS). Attorney O'Flaherty provided further argument that because the property at issue is registered land, the Land Court has jurisdiction over any matter that will result in a judgment affecting registered land. The court expressed concern that, notwithstanding the arguments of counsel, the Colbea Enterprises case does support the exercise of jurisdiction by the Land Court over a conservation commission appeal. The parties all indicated a desire to keep this matter before the Land Court. The parties intend to request for Judge Smith to be designated as a Justice of the Superior Court for this matter to avoid any uncertainty related to subject matter jurisdiction. The parties will make the request to the Chief Justice of the Trial Court. In the event that the Trial Court does not accept the parties' request, this matter will be transferred to the Superior Court pursuant to G.L. c.185, 15. (Smith, J.).
  34. Letter from Parties to Chief Justice Locke, filed.
  35. Chief Justice of the Trial Court Order of Transfer and Assignment dated March 28, 2023.
  36. Case Disposed by Transfer.

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