Why is the Westwood Land Trust desperately seeking to have the lawsuit regarding the Conservation Restriction on 665 Clapboardtree Street dropped?

Why is the Westwood Land Trust desperately seeking to have the lawsuit regarding the Conservation Restriction on 665 Clapboardtree Street dropped?

In an effort to sway public opinion, the Westwood Land Trust (WLT) and their supporters have run full page ads in the local papers, created a video and sent mass mailings to Westwood’s residents explaining their position regarding the interpretation of the Conservation Restriction (CR) that is in place on 665 Clapboardtree Street. Leaving aside the question of whether this is a reasonable, valid expenditure of the Trust’s funds, why would they want the lawsuit dropped before the judge can rule on the suit?

If the WLT is correct in their interpretation of the CR, the judge will rule in their favor, and they will be allowed to maintain the land as a meadow and not allow it to be farmed. Like the Town, they have already expended the legal funds to defend their position. It makes no sense for the WLT to pressure the Town to drop the lawsuit (if the WLT believes their position is correct) as both the Town and the WLT would be back in the same position -- each believing that their interpretation of the CR is correct. Neither side would have a legally binding decision regarding what is the correct interpretation. Both sides will have wasted their funds on a lawsuit that was not allowed to proceed to its conclusion with a ruling by the judge.

Similarly, it makes no sense for Westwood to drop the lawsuit at this point; the funds (approximately $15,000) have been expended and cannot be recovered, and at this point, there are no significant on-going legal expenses. Westwood needs to know what its rights are (if any) with respect to 665 Clapboardtree Street and other lands which the Town owns, but on which the WLT holds Conservation Restrictions. The Select Board needs to stay the course and allow the judge to do her job.

In my opinion, common sense will tell you that the WLT believes that the judge will rule against them and, as such, is desperate to have the lawsuit dropped.