Feoffees File Motion to Modify Little Neck Settlement

The Feoffees of the Grammar School filed the attached motion in Essex Probate Court on June 26, 2012 and it is currently scheduled for a hearing on Tuesday, July 3 at 2 p.m.   The Agreement for Judgment approved by the Ipswich School Committee and Attorney General (and now being appealed by citizen interveners) provides that the existing Feoffees would be replaced by a new publicly-appointed board of Feoffees upon the filing of a master deed that converts Little Neck to a condominium.  After the master deed is recorded the New Feoffees would then be responsible for managing condo unit sales, mortgage financing and leases with existing cottage owners at Little Neck in accordance with the settlement.

The settlement terms approved by the probate court require the New Feoffees to schedule and conduct individual condo unit closings “in a diligent and expeditious manner” once the master deed is recorded.  The proposed motion would authorize condo sales to take place “immediately” after recording of the master deed, even though a transfer of control from the old to the new Feoffees would still seem to be required between these two events.  It is not yet clear how this legal maneuver would affect the role of the New Feoffees, who have been actively preparing to assume their responsibilities under the existing settlement agreement and have already shown a strong interest in fulfilling their fiduciary duty to protect the integrity of the Little Neck trust and maximize its value to the Ipswich schools.

Probate – Feoffees – 120626 – Motion to Record Condo Documents

Feoffees Motion to Strike Portion of Appeal

In this motion the Feoffees are back asking the Probate Court to deny our appeal of the judgment.  There is a hearing currently scheduled for April 27th at 9AM in Salem.  This latest move seems unlikely to have any impact on the trajectory of our appeal which has still yet to be heard by a higher court.

Probate – Feoffees – 120417 – Motion to Strike Appeal

Ken Swenson’s Question and Loeb Deposition Extract

Unfortunately we have only obtained a section of the deposition of Jeff Loeb taken by the Feoffees.  It includes this quote:

“the concept of a sale is not in the best interest of the Town of Ipswich…I think that changing that community from a summer community …to a year-round condominium complex was not going to be good for the town… from a drain on services standpoint.”

Probate – Feoffees – 111212 – Loeb Deposition

Compare this with his answer (or more accurately non-answer) to Ken Swenson’s question on this topic at the January 5, 2012 School Committee meeting.

Feoffees Opposition to Motion to Stay and Motion to Report

Probate – Feoffees – 120126 – Opposition to Motion to Stay and Motion to Report

There is actually a wealth of interesting information in the document below, including many financial statements for the Feoffees we had never seen before.

Probate – Feoffees – 120126 – Supporting Materials to Opposition

Probate – Feoffees – 120126 – Motion to Strike Affidavits 2