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Town Settles out of court

May 2nd, 2013 Comments off

May 1, 2013 Town Counsel Jonathan Silverstein explained to attendees of a 5:30pm Selectboard meeting the Settlement the Town had agreed to in order to be released from being a Defendant in the Superior Court case.  To get out of further expense than the estimated $24,000 in legal costs so far in the Jozsef-Harris & Jamula lawsuit against the town, Middlefield agreed to (a) “take no position” on whether the gated “Old Road” parallel and north of Johnnycake Hill Rd might be a Statutory Private Way.  Also to (b) “take no position” on whether town road votes of 1886 and 1984 “did not discontinue the way to the extent it was a Statutory Private Way.”  And (c) Stipulate that the Town’s May 2012 vote also did not. Plus (d) allow no change in zoning and bylaw requirements after 4/30/2013 to prevent Jamula building a house on the Private Way.  And (e) Stipulate that the entire disputed way was “in existence prior to the enactment of the Subdivision control laws in Middlefield.”  (Entire disputed way runs south from dead end of Harry Pease Rd, then east through to Alderman Rd, near the intersection with Arthur Pease Rd.)

To see 3 page Settlement Agreement click here: TOWN-SETTLEMNT-1304

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