Preview:
Pocasset Park residents are challenging a ruling by the Barnstable Superior Court designating Crown, a Wyoming investment firm, as the rightful buyer of the Bourne mobile home park in the latest chapter of the four-year-long legal battle.
The Pocasset Park Association claimed the trial court imposed a heightened burden of proof during April 17 oral arguments in the Massachusetts Appeals Court. The association also claimed in its appeal brief that a “mathematical error” occurred in the trial court.
The right of first refusal requires residents to provide “reasonable evidence” that at least 51% of homes in the community approve the sale,...
Read MoreOur thoughts on this story:
I’m not sure who’s giving legal advice to these residents – or paying the bill – but here are their odds on appeal:
The losing side can then elect to petition the Massachusetts Supreme Judicial Court. However, the SJC only accepted 12 of the 393 further appellate review applications considered in 2023.
I’m sure some non-profit is behind all of this, but when your odds of even having the appeal picked up by the court is 3%, it’s probably not a great idea to spend $50,000+ in legal fees to give it a try.
This case is simple. I wrote about this same story months ago. The bottom line is that the residents did not even come close to having enough verified signatures to trigger the right of first refusal. The judge had no difficulty in telling them so.
The correct headline would be:
RESIDENTS WASTE MORE NON-PROFIT LEGAL FEES IN MAKING FOOLS OF THEMSELVES

