Page 41 - BOXFORD

VARSITY WIRELESS, LLC, Plaintiff, v. TOWN OF BOXFORD, et.al., Defendants

A Federal court appeal of the Zoning Board of Appeals denial of a telecommunications
tower. This case is in the discovery stage. The town is represented by Brody, Hardoon,
Perkins, Kesten, LLP.

KERRI LUMMUS et.al. v. TOWN OF BOXFORD et.al.

GRIDLEY LOSEE, et.al. v. TOWN OF BOXFORD et.al.

This is a claim for damage to two private water wells due to alleged failure of appropriate
enforcement action by the Conservation Commission. The town is represented by Pierce
Davis & Perritano LLP.

2015 ANNUAL REPORT OF TOWN COUNSEL

1. Varsity Wireless, LLC v. Town of Boxford
Varsity Wireless is challenging a denial of a variance and special permit to
construct a monopine telecommunications facility at 12 Mortimer Road, under the
Federal Telecommunications Act. The Town is represented by special counsel in
this matter.

2. Nissenbaum v. Town of Boxford (II)
Essex Superior Court, C.A. No. 08-541-B
In this matter involving a challenge to an agricultural use, the Appeals Court
affirmed the Superior Court dismissal of the plaintiff’s complaint for contempt.
The Appeals Court concluded that the action had been frivolous and directed the
Town to submit a motion to recover attorney’s fees incurred in defending the
appeal as well as twice its costs, i.e., for printing the appellate brief. The Appeals
Court denied the plaintiff’s request for reconsideration, and the Supreme Judicial
Court denied further appellate review.

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