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Commonwealth's Answer

Commonwealth's Answer

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11/16/2011

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COMMONWEALTH BERl(SHlRE, ss.

OF MASSACHUSETTS SUPERIOR COURT CIVIL ACTION NO. BECV2011-00299

MORGAN MHP MASS, LLC and MORGAN MANAGEMENT, LLC, Plaintiffs,

v.
COMMONWEALTH OF MASSACHUSETTS and TOWN OF WILLIAMSTOWN, Defendants.

COMMONWEALTH

OF MASSACHUSETTS'S

ANSWER

Defendant, Commonwealth of Massachusetts ("Commonwealth"), by and through its Attorney General, Martha Coakley, answers the complaint of Morgan MHP Mass., LLC and Morgan Management, LLC upon knowledge as to itself and otherwise upon information and belief as follows. As to the separately numbered paragraphs in the complaint, the Commonwealth responds as follows: 1. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 2. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 3. The Commonwealth admits the allegations in this paragraph.

4.

The Commonwealth admits that the Town of Williamstown is a body

politic, but is without knowledge or sufficient information to fonn a belief as to the truth of the remaining allegations in this paragraph. 5. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 6. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 7. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. S. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 9. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 10. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 11. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 12. The Commonwealth is without knowledge or sufficient information to

fonn a belief as to the truth of the allegations contained in this paragraph. 13. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 14. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph.

2

15.

The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 16. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in tins paragraph. 17. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 18. To the extent "various entities" includes the Office of the Massachusetts

Attorney General, the Commonwealth denies the allegations in this paragraph. The Commonwealth is without knowledge or sufficient information to form a belief as to the truth of further allegations contained in this paragraph. 19. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 20. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 21. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph and refers to Exhibit A of the complaint for a complete and accurate statement of the decision. 22. This paragraph constitutes a legal conclusion for which no response is

required. To the extent this paragraph may be deemed to contain factual allegations, the Commonwealth is without knowledge or sufficient information to form a belief as to the truth of the allegations. 23. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph.

3

24.

The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 25. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 26. The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph. 27. required. 28. This paragraph constitutes a legal conclusion for which no response is This paragraph constitutes a legal conclusion for which no response is

required. To the extent this paragraph may be deemed to contain factual allegations, the Commonwealth is without knowledge or sufficient information to form a belief as to the truth of the allegations. 29. The Commonwealth denies the allegations in this paragraph that the

Office of the Attorney General notified Plaintiff that "Plaintiff is responsible for restoring electricity and other services as existed prior to Tropical Storm Irene." The Commonwealth admits the allegations in this paragraph that the Office of the Attorney General "included references to MGL ch. 93A in such communications." Further

answering, the Commonwealth states that by letter dated September 30, 2011, the Office of the Attorney General notified Plaintiff as follows: Generally speaking, Morgan is obligated by Massachusetts law, 940 CMR § 10.05(4), to make basic utilities, such as electrical service, available to each manufactured homesite. Likewise, Morgan must provide safe roadways throughout the community, pursuant to 940 CMR § 10.05(9). We appreciate that Morgan has undertaken efforts to restore electrical service and roadways to certain parts of the Spruces community. Morgan's efforts and intentions as to other areas of the community, however, are unclear. 4

30.

The Commonwealth is without knowledge or sufficient information to

form a belief as to the truth of the allegations contained in this paragraph.
31.

This paragraph constitutes a legal conclusion for which no response is

required. The requests for relief following the "Wherefore" paragraph constitute legal conclusions for which no response is required. COUNTERCLAIM:

1.

The Commonwealth hereby gives notice that it intends to assert such

counterclaims as may become available or apparent during pre-trial proceedings in this case and hereby reserves its right to amend its Answer and assert such counterclaims. Respectfully submitted, COMMONWEALTH OF MAS SACHUSETTS

CERTIFlCATE OF SERVICE. . true copy of tIle above I hereby certify that a d upon the attorney of

docum~ h ther party by mall ~. record lor eac 0
I1

00_

\'\//"r
nt was serve

.

11-."

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'~I

MARTHA COAKLEY ATTORNEY GENERAL

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......

Date: '/

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t

an B. Engel (BBO# 664518) As istant Attorney General Consumer Protection Division Public Protection and Advocacy Bureau One Ashburton Place Boston, MA 02108 (617) 727-2200 JonathanEngel@state.ma. us

5

THE COMMONWEALTH OFFICE

OF MASSACHUSETTS GENERAL

OF THE ATTORNEY

MARl!"
ATroRiHc:v

COAJ<J.r::y
C:;EN',:!·;',;

(617) 727-2]00 www.uiass.gov/age

November 10, 2011s

Clerk of Courts Superior Court Department Court House Building 76 East Street Pittsfield, MA 01201

RE:

Morgan MHP, LLC, et al. v. Com. of Mass. and Town of Williamstown, Berkshire County Sup. Ct. No. 2011-CV00299

Dear Clerk: Enclosed for filing in connection with the above-referenced matter, please find the Commonwealth of Massachusetts's Answer to the Complaint of Morgan J\1HP Mass., LLC and Morgan Management, LLC. Thank: you for your attention to this matter. Very truly yours,

_(1D-~~
Jorkl B. Engel AssiStant Attorney General Enclosure cc: Robert Kraus, Esq. Peter 1. Fohlin ~

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