Last week a preliminary hearing in Steinman vs Tuftonboro was cancelled at the 11th hour when the parties came to an agreement for a Stipulation on Preliminary Injunctive Relief. Rick Sager, the selectmen’s attorney, was kind enough to forward the agreement to me yesterday evening.
The Steinmans and the selectman have temporarily agreed to the location of the center line of Brown Road and the location of the Right of Way, without waiving any legal rights, “for the duration of this action or until amended by Court order.”
As long as they don’t encroach on the towns Right of Way, as temporarily agreed to, “the Steinmans may maintain the stonewall in its present location… on a temporary basis during the pendency [sic] of this action.”
Before the final hearing, the Steinmans may “extend the said stonewall along the temporarily stipulated right of way boundary line so as not to encroach the Town’s ROW to the water’s edge in compliance with all Town and State regulations.” However, they acknowledge if they do so the court may later require them to move the rocks.
The town agree to “take reasonable steps to ensure the stones” (in their present location) are “secured against any third party removing” them.
The two parties acknowledge the Stipulation “does not create, extinguish, or limit any right for any member of the public to use any right of waay which may or may not exist in this location, but reserve the right to “proceed against any person whose actions are in disregard to the several rights of the parties hereto” through civil or criminal charges.
One of the points of agreement in the Stipulation is that the Town will “Notice this Order publicly in Town Records.” So it’s in the Town’s interest to get this information out, and I’m happy to do my small part. Still, Rick didn’t have to send it to me, so I thank him.