As we have stated to the other members of the Tri-Board, we believe there is no Town Meeting authorization for the School Committee to spend taxpayer funds opposing the privately funded intervention motion; all we are doing is asking the court to allow us to continue the fight that the School Committee prematurely abandoned. We are not asking for the School Committee to support us either; we are just asking them to remain silent, which is the least expensive option for the Town.
Signed Agreement for Judgment
The signed judgment whereby the Probate Court consents to the settlement agreement proposed by the Feoffees and the School Committee.
Feoffees Opposition to Motion to Intervene
Attorney General’s Assent to Judgment
Little Neck deal deserves further scrutiny
Salem News editorial.
Feoffees to sell land for $32.5M
Salem News article.
Agreement for Judgment
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.
Ipswich School Committee agrees to sell Little Neck
Ipswich Chronicle article.
Motion to Intervene
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
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.