On June 28, 2017 a
Motion-Secondary
was filed
involving a dispute between
Fondakowski, Timothy R.,
and
Cotton Tree Service,Inc.,
Dodge Maple Grove Farm Llc,
Dragon, Jr., Robert,
Hampshire Superior Court Of Massachusetts,
Hathaway, Thomas,
Planning Board Of The Town Of Westhampton,
Schwallie, Mark,
Turner, Robert,
for Real Property
in the District Court of Hampshire County.
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TA
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, ss SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 1780CV00105
TIMOTHY R. FONDAKOWSKI
HAMPSHIRE SUPERIOR COURT
Plaintiff,
AUG 2 4 2017
ve
PLANNING BOARD OF THE TOWN OF
WESTHAMPTON THROUGH ITS MEMBERS MARK
SCHWALLIE, THOMAS HATHAWAY, ROBERT
TURNER, ROBERT DRAGON, JR., COTTON
TREE SERVICE, INC., AND DODGE MAPLE
GROVE FARM, LLC, HAMPSHIRE SUPERIOR
COURT,
Defendants.
SSS SS ES Sw www SY
OPPOSITION TO PLAINTIFF’S MOTION TO CHANGE VENUE
Now comes the Defendant, Hampshire Superior Court, in opposition Plaintiff’s motion to
change venue. Per the Superior Court Rule 9E Notice dated August 9, 2017, the Hampshire
Superior Court (“HSC”) will be filing a motion to dismiss it as a party from this case. The HSC’s .
positon is that it has been improperly named as a party to this action for judicial review under
G.L. c. 40A; however, the HSC posits the current venue is appropriate for the review of the
underlying matter.
Respectfully submitted,
HAMPSHIRE SUPERIOR COURT,
By Its Attorney,
MAURA HEALEY
ATTORNEY GENERAL __--—_—-~oo
1350 Main Street, 4" Floor
Springfield, MA 01103-1629
(413) 523-7703 — Telephone
August 17, 2017 BBO No. 681920
CERTIFICATE OF SERVICE
I, Julie Datres, Assistant Attorney General, hereby certify that on August 17, 2017 the
foregoing Opposition to Plaintiff's Motion to Change Venue was served upon the parties to this
matter by mailing the same via regular, first class U.S. mail, postage prepaid as follows:
Richard T. Jordan, Esq.
Tim Kotfila, Esq.
Kotfila & Jordan
One Monarch Place, Suite 1340
Springfield, MA 01144;
Jonathan D. Eichman, Esq.
Katherine D, Laughman, Esq.
KP Law, PC
101 Arch Street
Boston, MA 02110;
Patrick J. Melnick, Sr., Esq.
Melnick Law Offices
110 King Street
Northampton, MA 01060
Document Filed Date
August 24, 2017
Case Filing Date
June 28, 2017
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TA COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, ss SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 1780CV00105 TIMOTHY R. FONDAKOWSKI HAMPSHIRE SUPERIOR COURT Plaintiff, AUG 2 4 2017 ve PLANNING BOARD OF THE TOWN OF WESTHAMPTON THROUGH ITS MEMBERS MARK SCHWALLIE, THOMAS HATHAWAY, ROBERT TURNER, ROBERT DRAGON, JR., COTTON TREE SERVICE, INC., AND DODGE MAPLE GROVE FARM, LLC, HAMPSHIRE SUPERIOR COURT, Defendants. SSS SS ES Sw www SY OPPOSITION TO PLAINTIFF’S MOTION TO CHANGE VENUE Now comes the Defendant, Hampshire Superior Court, in opposition Plaintiff’s motion to change venue. Per the Superior Court Rule 9E Notice dated August 9, 2017, the Hampshire Superior Court (“HSC”) will be filing a motion to dismiss it as a party from this case. The HSC’s . positon is that it has been improperly named as a party to this action for judicial review under G.L. c. 40A; however, the HSC posits the current venue is appropriate for the review of the underlying matter. Respectfully submitted, HAMPSHIRE SUPERIOR COURT, By Its Attorney, MAURA HEALEY ATTORNEY GENERAL __--—_—-~oo 1350 Main Street, 4" Floor Springfield, MA 01103-1629 (413) 523-7703 — Telephone August 17, 2017 BBO No. 681920 CERTIFICATE OF SERVICE I, Julie Datres, Assistant Attorney General, hereby certify that on August 17, 2017 the foregoing Opposition to Plaintiff's Motion to Change Venue was served upon the parties to this matter by mailing the same via regular, first class U.S. mail, postage prepaid as follows: Richard T. Jordan, Esq. Tim Kotfila, Esq. Kotfila & Jordan One Monarch Place, Suite 1340 Springfield, MA 01144; Jonathan D. Eichman, Esq. Katherine D, Laughman, Esq. KP Law, PC 101 Arch Street Boston, MA 02110; Patrick J. Melnick, Sr., Esq. Melnick Law Offices 110 King Street Northampton, MA 01060