This is a joint status report of the Feoffees, the School Committee and the AG in which they complain about our appeal and ask the court to order an expedited briefing and hearing schedule, even though it was the School Committee’s own motion to compel that was prolonging the Probate Court action. As reported in the previous post, the Appeals Court granted our stay of the appeal until July 24th so that the Probate Court could assembly the record.
This is a status report where we ask the court to stay the appeal for two months (until July 24th) so that the Probate Court can finish assembling the record. The court granted the stay on May 29th.
There is a meeting of the would-be New Feoffees tonight (Monday, May 21st) at 7:30PM in the Council on Aging Conference Room in the basement of Town Hall.
Ipswich Chronicle article.
Mr. Sheehan, the lawyer for the Feoffees, claims that “The interveners’ appeal is a very expensive procedure for the taxpayers.”
As you can see from this earlier post, what is expensive for the taxpayer (and the schoolchildren) is having his clients as Trustees of this trust. If he was truly concerned about the burden of legal actions on the citizens of Ipswich, he would have advised his clients to step aside peacefully long ago.
Here the interveners appeal from the earlier approval in Probate Court of the Feoffee’s motion to strike a portion of our appeal.
Here, the Probate Court allows the earlier motion to strike the interveners appeal of the judgment filed by the Feoffees which ended up getting heard on May 11th. There is nothing particularly surprising about this, given that this was the same judge that assented to the judgment and denied the intervener’s motion to intervene. Even the judge herself, in the hearing, seemed to question the point of this motion since it would just be made part of the intervener’s main appeal and, in fact, already has as can be seen here.
Boston Globe article.
Ipswich Chronicle article.
Although the article quotes Clark as saying we “believed the state supreme court would hear the case by “late summer”” what he really said was “we are seeking an expedited review and at our first opportunity we will petition for direct review of the case by the state’s Supreme Judicial Court. By late summer we expect to have a decision from the SJC on taking the case.” Knowing whether they will take the case is a big milestone, but it would likely take more months to actually get the case scheduled and heard if they do decide to take it.
Salem News article.
It was a sea of pink cards last night as Town Meeting voted 500 to 89 in support of the interveners continuing our fight to overturn the agreement to sell Little Neck.