                                Vermont Superior Court
                                Environmental Division

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                   E N T R Y R E G A R D I N G M O T I O N
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Crete & Crete Partnership Construction App.,             Docket No. 28-2-14 Vtec
     (Appeal from Winooski DRB determination)

Title: Motion to Amend Scheduling Order (re: mediation; Motion No. 1)
Filed:        June 16, 2014
Filed By: Hall, Mark G., Attorney for Appellee City of Winooski
Response in Opposition filed on 06/24/14 by Appellant Crete & Crete
     Partnership

___ Granted                   _X_ Denied                 ___ Other

      The Court, respectfully, does not share the Town’s dim assessment of the
merit of requiring the parties here to complete mediation. Just recently, the
Court witnessed parties in another proceeding resolve their differences and
reach a full settlement of their dispute, even when there was great animosity
between the parties and a large disparity in their legal positions. While the
Court is unaware of the past history between the parties in this appeal, we
conclude that, if the parties go in to mediation with an open mind and a
willingness to compromise, a resolution could be reached.
      Perhaps an even more realistic goal in this dispute, should the Town’s
assessment prove true, would be for the parties to complete mediation with an
eye towards finding a true appreciation of their adversaries’ respective
positions, so that an efficient presentation of evidence may occur at trial.
Mediation will cost the parties a small fraction of the time and expense of
preparing for and attending trial.        Even if mediation does not prove
successful, the Court has often seen mediation help parties to focus on the
legal disputes that this land use appeal presents, and not the general
animosity and suspicion that litigation often encourages.
      Therefore, the parties are directed to inform the Court of their agreed-
upon mediator, in writing, no later than Wednesday, July 16, 2014, and to
complete their mediation session and inform the Court of its results no later
than Monday, August 18, 2014.     All other deadlines in the Court’s May 15,
2014, Scheduling Order shall remain in full force and effect.     Provided the
parties submit their list of unavailable dates for a trial by June 16, 2014,
the Court will endeavor to set the trial for some time during February or
March 2015.


___________________________________________                 ___July 9, 2014____
      Thomas S, Durkin, Judge                                     Date
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Date copies sent to: ____________               Clerk's Initials _______
Copies sent to:
    Attorney Brian P. Hehir for Appellant Crete & Crete Partnership
    Attorneys Mark G. Hall and James J. Pergolizzi for the City of Winooski
