Marblehead veterinary clinic case heading to court

MARBLEHEAD – After 13 months, Dr. Jeff Rockwell’s plan to build a veterinary clinic at 8-12 Ocean Ave. is on the verge of a Boston Land Court trial Monday – but talks are under way that could lead to an out-of-court settlement.Neighbors of the former Ocean Florist site plan to present evidence intended to overturn a June 24, 2008 4-1 Board of Appeals vote allowing Rockwell to proceed with his clinic.Land Court Judge Alexander Sands will preside. Attorney Paul Lynch is Rockwell’s lawyer and Attorney William R. DiMento represents the neighbors.However, on the eve of the trial, talks were still going on between the neighbors and Rockwell and there was a possibility of a settlement. Lynch said Wednesday the pre-trial motions that Judge Sands heard April 24 were settled by mutual agreement and the possibility existed that the case could be settled out of court.DiMento at first declined to comment so close to the trial. He admitted that a settlement could be "a possibility.""There is communication," he said.Last year’s debate was acrimonious. Neighbors of the site turned out in force at the Board of Appeals meetings to oppose construction of the veterinary clinic on the grounds that it would increase traffic and lower the value of homes in the neighborhood.They were expected to give 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.The situation briefly resembled a roller coaster ride when Salem landscaping businessman Patrick Osgood purchased the property in a mortgage foreclosure auction Nov. 25. Century Bank and Trust’s foreclosure on former property owners Jack and Debbie Ahearn nullified Rockwell’s purchase and sale agreement with them and he was outbid at the auction.For 10 weeks Osgood had firewood for sale at the site and promised a spring opening, but Rockwell and Lynch announced Feb. 6 that he had a purchase and sale agreement to buy the property from Osgood.