                                             State of Vermont
                                  Superior Court—Environmental Division

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                     ENTRY REGARDING MOTION
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In re Wood NOV and Permit Applications                                           Docket No. 138-8-10 Vtec
(Appeal from Town of Hartford Zoning Board of Adjustment decision)
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Town of Hartford v. Wood                                                         Docket No. 1-1-11 Vtec
(Municipal enforcement action)

Title: Motion in Limine (Filing No. 6)
Filed: May 10, 2011
Filed By: Paul S. Gillies, Attorney for Appellant/Applicant Marc Wood
Response in Opposition filed on 5/19/11 by William F. Ellis, Attorney for Appellee Town of Hartford

___ Granted                         ___ Denied                    X Other

        Before the Court is a motion in limine filed by Mr. Wood challenging the Town of Hartford’s use of
Michael Penney as an expert witness. We have determined that this issue is best left for resolution at trial
and thus reserve the motion for consideration at the upcoming merits hearing scheduled for July 14, 2011.

         During the merits hearing, both parties will have the opportunity to present testimony and evidence
on the qualifications of any expert witnesses that either Mr. Wood or the Town of Harford seeks to rely upon.
To the extent that Mr. Penney is a professionally licensed engineer, and to the extent that the Town seeks to
have Mr. Penney testify as an expert witness within his area of expertise, particularly as to the safety,
integrity and conformance of Mr. Wood’s retaining wall or walls, we anticipate denying the pending motion
in limine.




________________________________________               May 20, 2011_____
       Thomas S. Durkin, Judge                            Date
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Date copies sent to: ____________                                        Clerk's Initials _______
Copies sent to:
  Paul S. Gillies, Attorney for Appellant/Applicant Marc Wood
  William F. Ellis, Attorney for Appellee Town of Hartford
  Kimberlee Sturtevant, Co-counsel for Appellee
