                                      State of Vermont
                           Superior Court—Environmental Division

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                   ENTRY REGARDING MOTION
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Town of Westford v. Mathieu Properties, LLC                        Docket No. 28-2-12 Vtec
(Municipal Enforcement Action)

Title: Motion to Dismiss (Filing No. 1)
Filed: April 3, 2012
Filed By: Defendant, Mathieu Properties, LLC
Reply Filed: April 23, 2012 by Plaintiff, Town of Westford
Response Filed: May 3, 2012 by Defendant, Mathieu Properties, LLC

   Granted                     X Denied                      ___ Other

        The disputes between the Town of Westford, the above named Defendant (Mathieu
Properties, LLC), and those who the Court assumes constitute its members (Linda Mathieu and
Richard Mathieu) extends over many more months than the above Docket Number implies. At
issue is the original subdivision of land north of the Westwood-Milton Road and west of
Vermont Route 128. The Mathieus sought several amendments to their original subdivision
approval. As noted in the separate Entry Order, also issued today, that addresses cross motions
for partial summary judgment in the enforcement action against Mrs. Mathieu (Docket No. 153-
9-10 Vtec), one or more of the Defendants caused an alternate internal access road to be
developed without first obtaining a permit authorizing the access road work.
        In response to the Town’s Complaint in this Docket, Defendant LLC filed the pending
Motion to Dismiss. Defendant LLC asserts that the Town’s Complaint must be dismissed
because it was not filed by February 23, 2012, which was a deadline for filing the “related
enforcement action” against the LLC that the Court established in a Scheduling Order for the
related actions, dated February 13, 2012. The Town concedes that it did not file its Complaint
against the Defendant LLC by February 23, 2012; the record confirms that the Town’s
Complaint was filed four business days later, on February 29, 2012.
        The Town was obligated to abide by the Court’s directives concerning filings, or to
request an extension of time before the deadline passed. Nonetheless, given the brief time that
elapsed between the due date and the Town’s actual filing, Defendant LLC’s failure to assert
any substantive harm due to this brief delay, and the need to assist the parties in bringing
finality to the multi-layered disputes that remain between them, the Court declines to dismiss
the Town’s Complaint. Defendant LLC’s Motion to Dismiss is therefore DENIED.
      Because we have denied Defendant LLC’s Motion to Dismiss, we hereby direct that
Defendant LLC file its answer and other responsive pleadings to the Town’s Complaint no later
than Wednesday, October 24, 2012, pursuant to V.R.C.P. 12(a)(3)(A).
Town of Westford v. Mathieu Properties, LLC, No. 28-2-12 Vtec (EO on Mot. to Dismiss) (10-10-12)       Pg. 2 of 2.




_________________________________________                                      October 10, 2012
       Thomas S. Durkin, Judge                                                     Date
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Date copies sent: ____________                                             Clerk's Initials: _______
Copies sent to:
  Attorney Amanda Lafferty for Plaintiff Town of Westford
  Attorney Annie Dwight for Defendant Mathieu Properties, LLC
