WILLIAMSTOWN -- The owner of The Spruces Mobile Home Park has withdrawn a motion seeking court orders to resolve issues at the park following Tropical Storm Irene.
Town Manager Peter Fohlin said Tuesday that Town Counsel Patricia Cantor, of Kopelman and Paige P.C., informed him that Morgan Manage ment has withdrawn its motion for injunctive relief, thus canceling an Aug. 9 hearing scheduled on the matter in Berkshire Superior Court in Pittsfield.
The court document seeking withdrawal of the motion was dated Aug. 3.
Fohlin said the decision by Bob and Kevin Morgan to withdraw the motion will allow the town and Morgan Management to devote all their resources to the future of Spruces residents rather than costly litigation.
"During the past year, the town has developed a constructive and respectful relationship with Bob Morgan and Kevin Morgan in our efforts to resolve very difficult and complicated issues. The town and Morgan Management, along with the holder of the mortgage on The Spruces, have been in continuous good faith discussions about the future of the park and its residents," he said.
Efforts to reach Bob Morgan or a representative for Morgan Manage ment's legal counsel Tuesday were unsuccessful.
The motion for injunctive relief was one of three motions Morgan Management filed against the town and the Massachusetts Attorney General's Office in Berkshire Superior Court last fall.
The motions came after The Spruces was flooded
The motion for injunctive relief, which was made Nov. 15, 2011, requested that a judge order Williamstown officials to remove Spruces residents living in condemned homes in the park, and that a judge order residents of condemned homes to contact Morgan Management about their intentions for their residences within 30 days.
The motion also sought court decisions stating that Spruces residents were responsible for removing "non-ordinary" trash that accumulated from their homes; allowing Morgan Management to reorder, relocate and consolidate the park; requiring a plan be developed to determine the future of The Spruces before any further electrical or structural work occurred; and keeping state manufactured housing community regulations from being imposed on Morgan Man agement until the steps for consolidation and remediation were completed.
Fohlin said the withdrawal only applies to the motion for injunctive relief. To his knowledge, hearings regarding the complaint filed Oct. 18 seeking court assistance in determining the future of The Spruces, and the motion filed Nov. 16 seeking to add more than 100 Spruces residents as defendants in the lawsuit, are unscheduled.