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Alan Seewald's Motion to Withdraw from BID case

Alan Seewald's Motion to Withdraw from BID case

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Published by Mary Serreze
Lawyer Alan Seewald, who has been offered the job of Northampton, Mass. city solicitor, filed a motion in Hampshire Superior Court on Dec. 28, 2011 to withdraw from a lawsuit against the city by opponents of the Business Improvement District (BID) so he can accept the city solicitor's post.
Lawyer Alan Seewald, who has been offered the job of Northampton, Mass. city solicitor, filed a motion in Hampshire Superior Court on Dec. 28, 2011 to withdraw from a lawsuit against the city by opponents of the Business Improvement District (BID) so he can accept the city solicitor's post.

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Published by: Mary Serreze on Jan 08, 2012
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01/08/2012

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COMMONWEALTH OF MASSACHUSETTSTRIAL COURTHAMPSHIRE, ss. SUPERIOR COURT DEPARTMENTCIVIL ACTION No. 09-074ALAN SCHEINMAN,DAVID R. PESUIT,NORTHAMPTON PROPERTIES, INC.,NORTHAMPTON INVESTMENTS, LLC,NORTHAMPTON INVESTMENTS II, LLC,298 MAIN STREET, LLC,ES 86 PLEASANT STREET, LLC,ES 21 CENTER STREET, LLC,BIAPITA, LLC, andSUHER PROPERTIES, LLC,Plaintiffsv.CITY OF NORTHAMPTON andNORTHAMPTON BUSINESS IMPROVEMENT DISTRICT, INC.,DefendantsEMERGENCY MOTION OF COUNSEL FOR PLAINTIFFFOR LEAVE TO WITHDRAWAND TO STAY ACTION
1The undersigned, Alan Seewald, counsel for the plaintiffs in the above-referenced actionhereby moves for leave to withdraw as counsel for the plaintiffs in this action and to stay thisaction pending the appearance of successor counsel. As reason for this motion, counsel states asfollows:1.I am an attorney duly licensed to practice in the Commonwealth of Massachusettssince December 1985, with offices located in Amherst, Massachusetts.2. Since I began practicing law in 1985, my practice has included the representationof both municipalities and private parties with regard to issues of municipal law. From 1988through 2007, I served the Town of Amherst as its Assistant Town Counsel or Town Counsel. InPage 1
 
addition, I have represented several other municipalities and other governmental entities either ascounsel or as special counsel, including the Town of Westminster, City of Northampton, City of Boston, Amherst-Pelham Regional School District, Hampshire Regional School District, andBondsville Fire and Water District, among others.4.In the instant litigation, the plaintiffs seek judicial review of the procedures bywhich the City Council of the City of Northampton authorized the organization of the Northampton Business Improvement District in accordance with G.L. c. 40O.5.The undersigned has been offered, and upon withdrawal from this litigation,intends to accept, appointment as City Solicitor of the City of Northampton.6.In accordance with § C-48 of the Northampton Charter, “[t]he City Solicitor of theCity of Northampton shall be appointed by the Mayor, without confirmation by the City Councilor either branch thereof, in the month of January following his election….”7.M.G.L. c. 268A, § 17 (c) states as follows: No municipal employee shall, otherwise than in the proper discharge of hisofficial duties, act as agent or attorney for anyone other than the city or town or municipal agency in prosecuting any claim against the same city or town, or asagent or attorney for anyone in connection with any particular matter in which thesame city or town is a party or has a direct and substantial interest.8.Thus, in order to accept appointment to the position of City Solicitor in the monthof January, 2012, as required by the Northampton Charter, and in compliance with therequirements of § 17, counsel for the plaintiffs must withdraw from the instant litigation.9.Upon withdrawal from this litigation, the undersigned counsel will not participateor otherwise act as attorney or agent for the City with regard to this litigation, and the currentCity Solicitor, who has appeared as counsel for the City, will continue her representation of theCity’s interests in this matter.Page 2
 
10.In order to avoid any prejudice to the plaintiffs during the period of time in whichthey are unrepresented in this matter, counsel further moves to stay this action for a reasonable period of time in order for the plaintiffs to retain successor counsel.11. Given the time constraint for appointment of City Solicitor, I am making thismotion on an emergency basis.WHEREFORE, the undersigned, Alan Seewald, attorney for the plaintiffs in the above-referenced matter, hereby moves to withdraw as counsel for the plaintiffs and to stay this actionfor a period of time to allow the plaintiffs to retain successor counsel.
Dated: December 28, 2011Plaintiffs,ALAN SCHEINMAN,DAVID R. PESUIT,NORTHAMPTON PROPERTIES INC.,NORTHAMPTON INVESTMENTS, LLC,NORTHAMPTON INVESTMENTS, II LLC,298 MAIN STREET LLC,ES 86 PLEASANT STREET, LLC,ES 21 CENTER STREET, LLC,BIAPITA, LLC, andSUHER PROPERTIES, LLC,By Their Attorneys Alan Seewald, BBO No. 546790SEEWALD, JANKOWSKI & SPENCER, P.C.Five East Pleasant StreetAmherst, Massachusetts 01002Telephone: (413) 549-0041Facsimile: (413) 549-3818Email:AS@SJSAmherst.comCertificate of Service
The undersigned, Alan Seewald, hereby certifies that on December 28, 2011, the withinmotion was served on all parties in interest as follows:Page 3

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