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RICHARDSON, HARRINGTON & FURNESS. COUNSELLORS AT LAW AUoEN C. HARRINGTON harsingtond claw. com Peres J. FURNESS peter@ thlawr.com ANDREW S, RICHARDSON September 14, 2017 1953-2044 Sent Via Email & Regular Mail Scituate Town Council clo Peter D. Ruggiero, Esq. 195 Danielson Pike PO Box 328 North Scituate, RI 02857 Dear Ladies & Gentlemen: This office represents Peter Furness, the Receiver of New England Development NED”), the owner of the Hope Mill. The property, owned by NED and under the Receiver’s control, is subject to a Court approved Purchase & Sale Agreement with BMP, LLC, which has associated itself with Paramount Development for the rehabilitation and development of the Hope Mill structure and property for affordable housing. As you know, the matter has recently been beforé the Zoning Board on two occasions and is currently scheduled later this month for consideration of additional evidence on limited issues, deliberation and a decision. Lam, and you as counsel to the Town, should be very concerned with the Independent Men, (all present Town Couneil members) posting a “proposed resolution” against the project on their Facebook page along with copies of flyers advocating against the project days prior to the scheduled Town Council meeting on Thursday, September 14, 2017. The Receiver first became aware of this posting of the proposed action through the Independent Men Facebook page on Saturday, September 9, and again, when action on the resolution was placed on the agenda published on the Town’s website on Monday, September 1!, 2017. ‘The Receiver’s rights and responsibilities with regard to this Property are set out in the Order Appointing Permanent Receiver, entered by the Superior Court on August 31, 2010. I have attached a copy of that Order, and specifically refer you to paragraph 12. The Order enjoins any parties from taking any action which would impair or diminish the value of the Receivership Estate, its assets or interfere with the Receiver’s administration of the Estate, The language in this Order has generally been interpreted by the RI Courts to be at least as broad in scope as the automatic stay that is in place upon the filing of a bankruptcy petition. See 11 USC See. 362. ‘There is no doubt that the Independent Men’s purpose of the proposed resolutions is to influence the Zoning Board in its consideration of and deliberation in granting variances and a 182 WATERMAN STREET, PROVIDENCE RHODE ISLAND 02906-4015 T: 401 273.9600 F: 401 273.9605