Marblehead veterinary clinic case court-bound

MARBLEHEAD – Dr. Jeff Rockwell’s plans to establish a veterinary clinic at 8-12 Ocean Ave. will get their day in court this summer.Boston Land Court Judge Alexander Sands has set a July 20 trial date for neighbors of the former Ocean Florist site, who are testing last year’s 4-1 Board of Appeals vote allowing Rockwell to proceed with his clinic.Judge Sands scheduled a pre-trial conference for April 24, when he will rule on some of the motions filed by Rockwell’s lawyer, Attorney Paul Lynch, and the neighbors’ lawyer, Attorney William R. DiMento.”We’re ready for trial,” Lynch said. “We’ve been trying to move this along. We’d like to start construction.”Many neighbors of the site turned out in force to oppose construction of the veterinary clinic there on the grounds that it would increase traffic and lower the value of homes in the neighborhood. Neighbors are expected to offer proof that the clinic will have an adverse effect on their neighborhood.Rockwell has to prove that his clinic will not adversely affect the neighborhood, a contention that the Board of Appeals supported.For about 10 weeks the situation appeared to have been resolved when Salem landscaping businessman Patrick Osgood, who owned Osgood Stone Works on Highland Avenue, purchased the property in a mortgage foreclosure auction Nov. 25. Century Bank and Trust foreclosed on Jack and Debbie Ahearn, the former owners of the property, nullifying a former purchase and sale agreement Rockwell had with the Ahearns.For several weeks a sign at the property announced Osborne’s spring opening and Osborne had firewood for sale there, but Rockwell and Lynch announced Feb. 6 that they had a purchase and sale agreement to buy the property from Osgood.