SAUGUS — Abutters of Stocker Playground have filed a complaint in Massachusetts Land Court to prevent the removal of the playground’s basketball and tennis courts.
Sharon Floramo and Marie Floramo are represented by Attorney Jordan L. Shapiro of Shapiro Legal Group. Plaintiff Kim Calla is representing herself, while the town is represented by Attorney Jesse D. Schomer of Dain Torpy.
The complaint, filed on Feb. 4, represents residents from Stocker Street, Riverside Court, Riverside Condominiums on Winter Street, and other abutting neighborhoods.
According to court documents, the plaintiffs argue that the town failed to provide timely notice to abutters, violating the principles of open government and public participation as required by state law.
A key issue is the 1930 Stocker Playground Deed, which mandates the property must be used solely as a playground.
The plaintiffs seek a declaratory judgment that the deed restrictions are valid and enforceable, an injunction to prevent the proposed change of use at Stocker Playground, and any other relief the court deems appropriate. The complaint also cites the breach of the deed, violations of public trust, and failure to follow proper public notice procedures. Additionally, the plaintiffs request an emergency hearing and injunctive relief in this situation.
In response, Schomer stated, “No action to implement the proposed upgrades to Stocker Playground is imminent. The Town is engaged in the entitlement process to perform this work, following which funding for the improvements must be secured.”
He also argued there is no risk of irreparable harm to the plaintiffs but, rather harm to the town if the project is delayed.
The plaintiffs contend that immediate harm will occur as the proposed conversions would permanently alter the property and prevent the public from using the land as originally intended. They urge the court to recognize the urgency, arguing that converting the courts into a dog park before a proper hearing would deprive the public of its right to access the land for its intended use.
During a preliminary injunction on Feb. 13, the court ordered the defendant to give 30 days’ notice of any construction or changes to the disputed property to the plaintiffs and to the court.
A status conference will occur on April 1 via Zoom to discuss the potential for the case to proceed. The Hon. Robert B. Foster is presiding over the matter.
Town Counsel John Vasapolli provided an opinion that the dog park is permitted recreational use of the land.
“Under the provisions of Massachusetts General Laws Chapter 45 Section 14, a town may acquire land by gift or purchase for the purpose of a public playground or recreation center, and may conduct and promote recreation, play, sport, and physical education on such land,” Vasapolli wrote in his opinion. “The acquisition of Stocker Playground was done in accordance with this statute. As such, the proposed use of Stocker Playground for a dog park or dog playground is clearly a form of recreation and play, which is authorized by this statute for property gifted to the town for playground purposes.”
