Monthly Archives: December 2011

Agreement for Judgment

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This is the proposed settlement agreement reached by the Feoffees and the School Committee in the Probate Court.

Probate – Feoffees – 111220 – Agreement for Judgment

It would:

1) Put into effect the settlement agreement of the Superior Court case which the Feoffees signed without consulting the School Committee on December 24th, 2009.  In it the Feoffees agree to sell Little Neck to the tenants for $29.15M if certain conditions can be met and get a release of claims for themselves.

2) Require the tenants to pay nearly $3M in back rent for their occupancy since the legal battle started, and allow these payments to be made via a 5-year unsecured note.

3) Grants the town an easement over the portion of Pavilion Beach that would be owned by the tenants.

4) Reorganizes the Feoffees in a similar manner to that of the School Committee counterclaim, with the exception that the 7th member is selected by the Life Feoffees rather than Town Meeting.

5) Grants immunity (release of claims) to the Feoffees.

 

Motion to Intervene

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This motion was filed at the courtroom on the morning the Agreement for Judgment (settlement) was announced.  As was anticipated in the Amicus Brief, it asks the court to allow parent representatives of the beneficiaries to be added as parties to the suit since the School Committee has stopped representing their interests.  The parent group would be expanded to 15 members over the next 10 days.

Probate – Interveners – 111220 – Motion_to_Intervene

 

Executive Session Minutes

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These are the executive session minutes for the “emergency” non-public meeting of the School Committee where 4 members (Loeb, Dietz, Gresh, O’Flynn) voted to sell Little Neck.  Three members (Bauman, Hopping, Roesler) were opposed.  The minutes were obtained via a freedom of information act request.  This meeting was reported to be 3 1/2 hours long, so we are obviously not getting the full picture here.

Other – SC – 111217 – Executive Session Minutes v2

Executive Session Minutes

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These are the executive session minutes for the School Committee where they first discuss the settlement agreement they would accept two days later.  They were obtained via a freedom of information act request.

Other – SC – 111215 – Executive Session Minutes

Feoffees and Related Depositions

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These are the depositions of the lifetime Feoffees, their accountant, the Little Neck Legal Action Committee leaders, and appraisers that were taken by the School Committee.

Clasby (Accountant) Deposition

DiSalvo (LNLAC) Deposition

Foley Attempted Deposition

Foote Deposition

Gottlieb (LNLAC) Deposition

LaChance (LNLAC Appraiser) Deposition

Monahan (Feoffees Appraiser) Deposition

Mulholland Deposition

Whiston Deposition

School Committee Depositions

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Since these depositions were taken by the Feoffees, they are categorized as such.

Arsenault Deposition

Bauman Deposition

Dietz Deposition

Gresh Deposition

Hopping Deposition

Korb Deposition

Loeb Deposition

O’Flynn Deposition

Roesler Deposition

Ross Deposition

Traverso Deposition

Excluded or Not Allowed Exhibits

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This is the last category of trial exhibits; those which the Feoffees were not allowed to enter into evidence, decided not to, or did not get to before the trial ended.

126 – Ipswich Town Charter

127 – Ipswich Town By-laws

141 – March 29, 2007 School Committee minutes as revised April 26, 2007

142 – August 16, 2007 email from R. Korb to S. Smith et. al

151 – December 4, 2008 School Committee minutes

152 – December 2008 Press Release

153 – December 9, 2008 FinCom-BOS-SC minutes

158 – September 10, 2009 email from Fay to Loeb

159 – October 15, 2009 email from Fay to Loeb

161 – November 19, 2009 School Committee minutes

164 – December 2, 2010 School Committee minutes

165 – November 12, 2008 email from Richard Allen to William H. Sheehan III

167 – December 2, 2008 email from William H. Sheehan III to Richard Allen with attachments

169 – December 3, 2008 emails exchanged between Richard Allen and William H. Sheehan III with attachments

170 – December 8, 2008 emails exchanged between William H. Sheehan III, Richard Allen and Tyler Chapman

171 – December 8, 2008 email from William H. Sheehan III to Richard Allen with attachment

172 – December 9, 2008 email from Richard Korb to fincom-at-town.ipswich.ma.us with attachment

175 – January 30, 2009-January 31, 2009 emails exchanged between William H. Sheehan III and Richard Allen with attachment

180 – May 2009 Press Release

183 – Poll of tenants expecting to use seller financing

185 – January 2010 Press Release

193 – December 5, 2006 Tri-Board minutes

194 – November 10, 2009 emails exchanged between Richard Korb, Richard Allen and Jeffrey Loeb

195 – February 1, 2007 School Committee minutes

Admitted Exhibits

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These are the very few contested exhibits of the Feoffees that were allowed to be admitted as evidence in the trial before the trial ended.

147 – October 16, 2008 School Committee minutes as revised November 6, 2008

148 – November 11, 2008 Working Group of the Feoffees minutes

149 – November 20, 2008 School Committee minutes

150 – December 1, 2008 email from Richard Allen to William H. Sheehan III

151 – December 2, 2008 email from William H. Sheehan III to Richard Allen with attachments

152 – December 10, 2008 emails exchanged between William H. Sheehan III and Richard Allen

153 – January 15, 2009 School Committee minutes

154 – February 11, 2009 memo from Arsenault to BOS

155 – March 19, 2009 School Committee minutes

156 – May 7, 2009 School Commitee minutes

157 – November 18, 2010 School Committee minutes

158 – November 9, 2010 FinCom-BOS-SC minutes

159 – Defendant School Committee’s response to plaintiff’s admissions in this action