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Board of Selectmen Meeting <br /> March 26, 1996 <br /> Executive Session <br /> The Executive Session convened at 7:18 p.m. in the Conference Room at Town Hall, 16 <br /> Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman <br /> George Hines, Secretary Camille Anthony, Selectmen Bruce MacDonald and Dan Ensminger, <br /> Town Counsel H. Theodore Cohen, and Town Manager Peter Hechenbleikner. <br /> The purpose of the Executive Session was to discuss litigation - and specifically the Focaccia <br /> litigation. It was suggested that perhaps the Board of Selectmen should appeal the judges <br /> order. Ted Cohen noted that this is an interlocutory decree, and it is very hard to get an <br /> appeal. Basically, the Town won the case. The judge noted that Focaccia's case had no basis <br /> except for the issue of the temporary license. Cohen would be surprised if an appeals court <br /> would overturn Judge McHugh. Cohen has been trying to reach Focaccia's attorney and has <br /> had no luck but will question him as to what the intent is. The Board of Selectmen have until <br /> approximately April 15, 1996 to file an appeal if it wants to and, therefore, this will be <br /> scheduled for Executive Session on April 9, 1996. <br /> Dan Ensminger expressed concern about the procedures. He noted that the Personnel Policy <br /> indicated that the Town Manager should have taken this issue back to the Board of Selectmen <br /> rather than issuing the "temporary" license. He noted that the Town Manager was trying to <br /> accommodate the business in town. Cohen noted that the standard of whether to institute an <br /> injunction is likelihood of the success of the case, and whether or not there is irreparable harm. <br /> In this case, he felt that the judge had determined that there is no harm in allowing Focaccia to <br /> keep the ability to "brown bag" for another seven months. George Hines noted that he felt that <br /> there is irreparable harm because other restaurants in Town are upset relative to the equity <br /> issue. Cohen agreed that there was a fairness issue and if this was taken back to the court, <br /> the court may in fact order that the licenses for all restaurants be changed until the end of the <br /> year. Sally Hoyt questioned the need for a Bylaw to deal with this. Cohen noted that there <br /> was absolutely no need for a Bylaw. The Charter gives the Board of Selectmen full authority in <br /> a case like this. <br /> Cohen noted that he might move for summary judgment in any case so that the full issues <br /> surrounding the case will be resolved as quickly as possible. The Board asked that he <br /> proceed with this. <br /> This issue will be on the Agenda for April 9, 1996, by which time Town Counsel will have had <br /> a chance to find out what Focaccia's intentions are. The Board at that time will still have the <br /> ability to appeal the decision if it wants to. <br /> On motion by Hines seconded by Anthony the Board voted to adjourn the Executive Session <br /> at 7:50 p.m. on a roll call vote, with all five members voting in the affirmative. <br /> Respectfully submitted, . <br /> f �l P <br /> Secrefary_T_.w _._..- <br />