                                           State of Vermont
                                Superior Court—Environmental Division

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                    ENTRY REGARDING MOTION
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In re Losier Variance Application                                            Docket No. 79-4-08 Vtec
(Appeal from ZBA decision)

Title: Motion for Writ of Attachment (Filing No. 10)
Filed: April 6, 2011
Filed By: William P. Neylon, Attorney for Appellee Town of Maidstone
Response in Opposition filed on 5/9/11 by Oliver L. Twombly, Attorney for Appellants/Applicants John
and Paulette Losier

  __ Granted                       _X_ Denied                        ___ Other

       For the same reasons as those contained in our Entry Oder issued today denying the Town of
Maidstone’s (“Town”) motion to enforce judgment, we also DENY the Town’s motion seeking a writ of
attachment against the real property owned by John and Paulette Losier.

        There is no pending matter before the Court in regards to which the Town is likely to “recover
judgment.” See V.R.C.P. 4.1(b)(2) (authorizing a court to approve a request for a writ of attachment upon
finding “that there is a reasonable likelihood that the plaintiff will recover judgment”). Consequently, this
motion can be DENIED without a hearing.



_________________________________________              August 1, 2011_ _____
       Thomas S. Durkin, Judge                            Date
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Date copies sent to: ____________                                            Clerk's Initials _______
Copies sent to:
  Oliver L. Twombly, Attorney for Appellants/Applicants John and Paulette Losier
  William P. Neylon, Attorney for Appellee Town of Maidstone
  Interested Person Brenda J. Tilton
  Interested Person Norman A. Vashaw
