Smyth, Janice Vs. Falmouth Conservation Commission Et Al

Appeal: Statement of the Case on Appeal (Cover Sheet).

Certification/Copy of Letter of transcript ordered from Court Reporter Certification from Michelle N. O'Brien, Esq., that she has ordered the necessary transcript(s).

Notice of cross appeal filed. Applies To: Wall, Esq., Brian J (Attorney) on behalf of Smyth, Janice (Plaintiff)

Verdict of jury for party in the sum of $640,000.00 Applies To: Smyth, Janice (Plaintiff)

Appearance entered On this date Nicholas P. Brown, Esq. added for Defendant Falmouth Conservation Commission and the Town of Falmouth

Rule 16 Conference ORDER: Discovery to be completed by 10/3/14; Rule 56 motions filed by 12/12/14; Jury trial 4/13/15, 4-5 days; joint pre-trial memo to be filed 3/20/15 (Scott W. Nickerson, Clerk-Magistrate) (copy to both attys)

Affidavit of Eladio R. Gore

Falmouth Conservation Commission, Town of Falmouth's Reply Memorandum to plaintiff's opposition to defendants summary judgment motion

Plaintiff Janice Smyth's Joint Appendix of Exhibits

Janice Smyth's Memorandum in opposition to Defts., motion for summary judgment

Falmouth Conservation Commission, Town of Falmouth's Memorandum in support of motion for summary judgment

COMPLAINT with jury claim & civil action cover sheet filed

Plaintiff, Defendant Janice Smyth, Falmouth Conservation Commission, Town of Falmouth's Assented to Motion to continue / reschedule an event 08/21/2015 10:00 AM Final Pre-Trial Conference and amend scheduling Order

MEMORANDUM OF DECISION AND ORDER: plaintiff's motion for judgment on the pleadings is DENIED (Muse, Justice). Copies mailed to BW and PH Judge: Muse, Hon. Christopher J

ANSWER (1st Amended Complaint): (Defendants) by Patricia A Harris

MOTION by Defendant for leave to File Answer to First Amended Complaint; assented to

SERVICE RETURNED: Falmouth Conservation Commission and Town of Falmouth, both made on 2/4/13 in hand to Laurie Robbins

Statement of Undisputed Facts.

Defendant Falmouth Conservation Commission, Town of Falmouth's Motion for summary judgment, MRCP 56

Falmouth Conservation Commission, Town of Falmouth's Request for leave to file reply memo to plaintiff's opposition to motion for summary judgment

Plaintiff Janice Smyth's Joint Motion to continue / reschedule an event 06/19/2015 09:00 AM Final Pre-Trial Conference to August 21, 2015

AMENDED COMPLAINT with jury claim

Opposition to paper #24.0 to Defendants' motion for summary judgment filed by Janice Smyth

TRIAL ORDER by (Gary A. Nickerson, Justice)

Endorsement on Motion to continue / reschedule an event (#21.0): ALLOWED as requested except Rule 56 Motions to be filed by 10/30/15 and upon filing the Court will sit down for hearing all the next available date. Pre-trial conference continued to Jan. 22, 2016, at 10:00 a.m.

Endorsement on Motion to continue / reschedule an event (#19.0): ALLOWED Pre-trial conference continued to Aug. 21, 2015 Applies To: Harris, Esq., Patricia A (Attorney) on behalf of Falmouth Conservation Commission (Defendant); Wall, Esq., Brian J (Attorney) on behalf of Smyth, Janice (Plaintiff)

Appearance entered On this date Michelle Nadeau O'Brien, Esq. added for Defendant Town of Falmouth

Plaintiff Janice Smyth, Falmouth Conservation Commission, Town of Falmouth's Joint Motion to continue / reschedule an event Final Pre-Trial Conference

JUDGMENT/ORDER after Rescript: The original judgment (#48.0) is Reversed. The order denying defendants' motion for judgment notwithstanding the verdict is reversed and judgment hereby enters for the defendants and the plaintiff takes nothing on her count for regulatory taking. Attested copies mailed on 05/16/2019 to BJW, SGR, PAH and MNO

Rescript received from Appeals Court; judgment REVERSED The order denying the defendants' motion for judgment notwithstanding the verdict is reversed. The judgment is reversed, and a new judgment shall enter for the defendants. (See image for full text).

Appeal entered in Appeals Court on 09/11/2017 docket number 2017-P-1189

Notice to Clerk RE: Assembly of Record

Notice of appeal filed. copy mailed to PAH, BJW, MNO Applies To: Falmouth Conservation Commission (Defendant); Town of Falmouth (Defendant)

ORDER: on Defendants' motion for judgment notwithstanding the verdict: DENIED (copy mailed to BJW, SGR, MNO, PAH 4/7/17)

Certificate of Compliance Superior Court Rule 9A

Opposition to motion for judgment notwithstanding the verdict filed by Janice Smyth

Falmouth Conservation Commission, Town of Falmouth's Memorandum in support of motion for judgment notwithstanding the verdict

Defendant Falmouth Conservation Commission, Town of Falmouth's motion for judgment notwithstanding verdict

JUDGMENT entered on this date.: Judgment on Jury Verdict After Jury Verdict Presiding: Hon. Cornelius J Moriarty, II Judgment For: Janice Smyth Judgment Against: Falmouth Conservation Commission Town of Falmouth Terms of Judgment: Interest Begins: 11/27/2012 Jdgmnt Date: 01/23/2017 Damages: Damage Amt: 640000.00 Other Costs: 1335.40 Interest from October 2, 2012 through December 30, 2012 at .16% equaling $128.00; Interest from December 31, 2012 through December 30, 2013 at .13% equaling $450.76; Interest from December 31, 2013 through December 30, 2014 at .25% equaling $867.00; Interest from December 31, 2014 through December 30, 2015 at .65% equaling $2,255.57; Interest from December 31, 2015 through December 30, 2016 at .85% equaling $2,950.49; Interest from December 31, 2016 through January 23, 2017 at .80% equaling $63.31; for the total amount of Interest of $6,715.13; Total Judgment: $648,050.53. Certified copy to MNO, PAH, BJW, SGR on 1/23/17

Opposition to (P#46) Defendants' motion to strike plaintiff's reply to defendants' response to plaintiff's motion for taxation of costs and interest filed by Janice Smyth

Defendants Falmouth Conservation Commission, Town of Falmouth's EMERGENCY Motion to strike Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Taxation of Costs

Affidavit of compliance with Superior Court Rule 9A Applies To: Smyth, Janice (Plaintiff)

Response to (P#45.2) Defts.' Response to Plaintiff's motion for taxation of costs and interest filed by Janice Smyth

Response to (P#45) Plaintiff's motion for taxation of costs and interest filed by Falmouth Conservation Commission, Town of Falmouth

Affidavit of of Brian J. Wall, Esq. in support

Plaintiff Janice Smyth's Motion for taxation of costs and interest

Plaintiff's Notice of intent to file motion for taxation of costs and interest Applies To: Smyth, Janice (Plaintiff)

Exhibits Returned Patricia A. Harris, Esq.

Request for Jury instructions filed by Defendant Falmouth Conservation Commission, Town of Falmouth 1st Supplemental Request

Request for Jury instructions filed by Plaintiff Janice Smyth Proposed limiting instruction

Witness list Joint Applies To: O'Brien, Esq., Michelle Nadeau (Attorney) on behalf of Town of Falmouth (Defendant)

Request for Jury instructions filed by Defendant Falmouth Conservation Commission, Town of Falmouth

Request for Jury instructions filed by Plaintiff Janice Smyth

Opposition to (P#34) Plaintiff's motion to take a view filed by Falmouth Conservation Commission, Town of Falmouth

Plaintiff Janice Smyth's Motion for a view

AMENDED ORDER: TRIAL ORDER issued by Moriarty, J.

Endorsement on Motion to Bifurcate the Trial (#31.0): DENIED Clerk's Notices, with attested copies, mailed on 10/18/2016 to BJW, MNO and PAH.

Defendant Falmouth Conservation Commission, Town of Falmouth's Reply to P #31.2

Janice Smyth's Memorandum in opposition to P #31.0

Falmouth Conservation Commission, Town of Falmouth's Memorandum in support of P #31.0

Defendant Falmouth Conservation Commission, Town of Falmouth's Motion to bifurcate trial

Joint Pre-Trial Memorandum filed:

Pre-Trial ORDER: Trial 5 days, scheduled for 12/5/16 @ 9:00 a.m., JPTM p@ 29, Discovery complete, out of state witness (FL). copy to BW,NB,MO 6/24/16

MEMORANDUM & ORDER: For the reasons stated herein, it is ORDERED that the defendant's Motion for Summary Judgment be DENIED. Attested copies mailed on 04/05/2016 to BJW, PAH and MNO.

Affidavit of Defendant's Response to Plaintiff's Sur-Reply to Defendant's Motion for Summary Judgment Applies To: O'Brien, Esq., Michelle Nadeau (Attorney) on behalf of Town of Falmouth (Defendant)

Plaintiff Janice Smyth's Motion to file a Sur-Reply

Opposition to paper #26.0 Plaintiff's Motion to File Sur-Reply filed by Falmouth Conservation Commission, Town of Falmouth

Endorsement on Motion to continue / reschedule an event (#25.0): to Continue Pre-trial Conference ALLOWED June 17, 2016, at 9:00 a.m.