Request for Direct Appellate Review to the Supreme Judicial Court

At the links below you will find the interveners formal request to the Supreme Judicial Court to hear all the appeals that had been consolidated earlier.  We expect to hear the court’s decision on whether they will take the case in a matter of weeks.  Also included are two supportive letters from prominent individuals in the field of charitable trust law and donor intent.

Appeals – Interveners – 120828 – Request for DAR

Appeals – Interveners – 120828 – Amicus Letter Chester

Appeals – Interveners – 120828 – Amicus Letter Fransen

Motion to Consolidate Appeals

Up to this point, there was an appeal of two decisions of the Probate Court and the decision of the Single Justice.  With this motion, we ask the appeals court to consolidate all our appeals into a single proceeding.  This motion has since been allowed.

Appeals – Interveners – 120809 – Motion to Consolidate Appeals

Response to Status Report

This is a response from the Feoffees to our most recent status report asking for a stay until August 24th to allow time for the Probate Court record to be assembled.  The stay was granted.  The Court’s response to the Feoffees was a rather terse “To the extent that appellees disagree with any statements made by appellants in a status report, they may address those in their brief.”

Appeals – Feoffees – 120726 – Response to Status Report

Joint Status Report

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.

Appeals – Joint – 120525 – Status Report

Ruling on Intervener’s Motion to Stay

The intervener’s motion to stay was denied by the single justice of the appeals court today meaning, in effect, that the agreement for judgment is allowed to move forward while we pursue our appeal.

Appeals – Court – 120312 – Denial of Motion to Stay

We will be studying the ruling in light of other actions in progress to determine next steps.