All actions by or against the Town which were pending on January 1, 2007.

1 Katherine F. Conroy v. Lexington Conservation Commission, et al., Middlesex Superior Court Nos. 03-1956 and 05-3533. Appeal of a permit denial by Conservation Commission, combined with trespass and regulatory taking claim. The Superior Court affirmed the Commission’s deci¬sion on February 13, 2007. The trespass and regulatory tak¬ing claims were voluntarily dismissed. Landowner’s appeal pending (Appeals Court No. 2007-P-0920).

2 Jerome & Ruth Berg, et al. v. Town of Lexington, et al., Land Court No. 264514. Appeal from a decision of the Planning Board approving a subdivision on Grandview Avenue.

3 Town of Lexington, et al. v. John H. Sellars, Middlesex Superior Court No. 86-3169. Action for enforcement of the Lexington Zoning Bylaws, seeking contempt sanc¬tions for violations of prior Superior Court orders. On November 13, 2007, the Superior Court decided in the Town’s favor of the Town. Further court orders pending.

4 Voss v. Lexington Conservation Commission, Middlesex Superior Court No. 06-03073. Abutter’s appeal chal¬lenging decision of the Conservation Commission under the Town’s wetlands by-law. On December 19, 2006, the Superior Court ruled in the Town’s favor.

5 Lawrence G. Trebino, Trustee v. Lexington Planning Board, et al., Land Court No. 266945. Appeal from a decision of the Planning Board disapproving a subdivision.

1 Robert W. Adams, et al. v. Lexington Zoning Board of Appeals, et al., Land Court No. 276627. Appeal of Zoning Board of Appeals decision granting variance.

2 Rising Tide Development LLC v. Lexington Zoning Board of Appeals, Housing Appeals Committee (HAC) No. 03-0521. Appeal of grant by the Lexington Board of Zoning Appeals of a Comprehensive Permit with condi¬tions pursuant to G.L. c. 40B. HAC decision against Town now on appeal by abutters to Supreme Judicial Court. .

3 William Taylor, et al., v. Lexington Zoning Board of Appeals, et al., Middlesex Superior Court No. 03-0746. Appeal of grant by Board of Appeals of Comprehensive Permit pursuant to G.L. c. 40B Abutter’s dismissal is now on appeal before the Supreme Judicial Court

4 James R. Raymond, et al. v. Lexington Planning Board, et al., Land Court No. 292408. Appeal of decision of the Planning Board concerning 29 Rangeway Road.

10.Town of Lexington v. Massachusetts Highway Department, Executive Office of Environmental Affairs and Modern Continental Construction Company, Middlesex Superior Court No. 03-3228. Town sought injunctive relief and declaratory judgment relating to MHD’s failure to consider noise and other environmen¬tal impacts as part of the Route 3/Route 128 interchange construction project in Lexington. MHD agreed to build the noise barriers according to an agreed upon schedule. The schedule was incorporated into a motion for the Court to stay the action, which has been granted.

11.Quinn Bros. of Essex, Inc. v. Jan Five d/b/a Alexandra Construction et al. v. Town of Lexington, Middlesex Superior Court No. 04-2233B and other related cases. Claims by general contractor and subcontractors on Cary Memorial Library project to recover payments allegedly owed by general contractor and claim by Lexington against architect for the Project. Lexington has settled with general contractor and continues to liti¬gate claims against architect (see #15 below).

12.Casella v. Lexington Zoning Board of Appeals, Land Court No. 279910. Appeal of a decision by Zoning Board of Appeals regarding property on Steadman Road.

13. Cormier v. Planning Board of Lexington, Land Court Misc. Case No.06-327082. Dispute resolved on remand to Board and case dismissed voluntarily.

14. Parker, et al v. Lexington Superintendent of Public Schools, et al, United States District Court of Massachusetts, C.A. No. 06-10751 MLW. This case rais¬es constitutional claims regarding reading material at Estabrook School referencing families with same sex par¬ents. This case is primarily being handled by counsel appointed by the Town’s insurance company. Court granted Town’s motion to dismiss. Plaintiffs’ appeal is now pending in the First Circuit Court of Appeals.

15. Town of Lexington v. Stephen Hale, Architects & Associates, Middlesex Superior Court No. 06-3866. Negligence and breach of contract claims by the Town against architect of Cary Memorial Library.

16. Petroleum Traders Corporation v. Town of Brookline, et al., Middlesex Superior Court No. 07-1173. Action by Petroleum Traders Corporation for breach of contract and other damages against the Town of Lexington and nine other towns brought in 2006. The Town reached a settle¬ment with the plaintiff and the action has been dismissed.

17. Steven M. Raskind, et al. v. Town of Lexington et al., Land Court No. 269183. Appeal from a decision of the Board of Appeals reversing a decision of the zoning enforcement officer that a lot was not buildable.

18.The Chappy Corporation v. Castagna Construction et al. v. the Town of Lexington, Suffolk Superior Court No. 06-0771. A construction claim against the Town brought in 2006.
19. Michael Meadows v. Members of Lexington Historical Commission & Steven Frederickson, Middlesex Superior Court No. 06-1673. Settlement reached and stipulation of dismissal pending.


All actions brought by or against Town during 2007.

1. Commonwealth Trust v. Board of Appeals, Planning Board, Building Commissioner and Zoning Enforcement Officer. Land Court No. 07-Misc. 348380. Appeal of Board’s refusal to issue advisory opinion on status of lot.

2. Costello v. Board of Appeals, Planning Board, Building Commissioner and Zoning Enforcement Officer, Land Court No. 414275, SJC-10007. Town prevailed in Supreme Judicial Court in appeal of refusal of Land Court to issue summons for contempt

3. Town of Lexington v. Curtin, Concord District Court No. 0747CR944. The Town agreed to settle its claims of tres¬pass and property destruction and voluntarily dismissed its criminal complaint.

4. Scott Couts v. Lexington Zoning Board, Land Court No. 353448. Abutter appeal from the grant of a variance for property at 28 Harding Road, Lexington.

5. Ralph Hanson, et al v. Lexington Zoning Board, Land Court No. 357450. Abutter appeal from a Zoning Board decision upholding a zoning enforcement decision by the Building Commissioner concerning property at 3 Paul Revere Road, Lexington.

6. Gregory Steward v. Town of Lexington, Concord District Court: Small Claims Docket No. 0747SC0288. Town prevailed in action seeking dental insurance benefits.


All action settled or disposed of during 2007

1. Petroleum Traders Corporation v. Town of Brookline, et al., Middlesex Superior Court No. 07-1173. Action by Petroleum Traders Corporation for breach of contract and other dam¬ages against the Town of Lexington and nine other towns brought in 2006. The Town reached a settlement with the plaintiff and the action has been dismissed against the Town.

2. Gregory Steward v. Town of Lexington, Concord District Court: Small Claims Docket No. 0747SC0288. Town prevailed in action seeking dental insurance benefits against the Town.

3. General Mechanical Contractors v. CTA v. Town of Lexington, Suffolk Superior Court No. 05-04894-D. Summary judgment granted to the Town.

4. Jerome & Ruth Berg, et al. v. Town of Lexington, et al., Land Court No. 264514. Appeal from a decision of the Planning Board approving a subdivision on Grandview Avenue. Appeals Court reversed Land Court and affirmed Planning Board decision.

5. Steven M. Raskind, et al. v. Town of Lexington et al., Land Court No. 269183. Appeal from a decision of the Board of Appeals reversing a decision of the zoning enforcement officer that a lot was not buildable. The Appeals Court reversed the Land Court and affirmed the decision of the Board of Appeals that subject lot is buildable.

6. The Chappy Corporation v. Castagna Construction et al. v. the Town of Lexington, Suffolk Superior Court No. 06¬0771-A. Settlement reached and case voluntarily dismissed.

7. Michael Meadows v. Members of Lexington Historical Commission & Steven Frederickson, Middlesex Superior Court No. 06-1673. Settlement reached and case volun¬tarily dismissed.

8. Voss v. Lexington Conservation Commission, Middlesex Superior Court No. 06-03073. Appeal by an abutter chal¬lenging decision of the Conservation Commission under the Town’s wetlands by-law. The parties have filed cross-motions for judgment on the pleadings. On December 19, 2006, the Superior Court ruled in favor of the Town and dismissed the plaintiff’s action.

9. Town of Lexington v. Curtin, Concord District Court No. 0747CR944. District Court action by the Town for tres¬pass and property destruction. The Town agreed to settle its claims and voluntarily dismissed its criminal complaint.