General

Save the Pine Barrens Files Preliminary Injunction against A.D. Makepeace et al; Plymouth County Superior Court grants hearing

On Monday, September 19, 2022, the Plymouth County Superior Court granted a hearing on the preliminary injunction filed by Save the Pine Barrens on behalf of Troy Currence et al against A.D. Makepeace et al, in a critical step that will allow the lawsuit against Makepeace’s sand mining operations to go forward. The hearing will be held on Monday, September 26, 2022 at 2:00 at the Superior Courthouse located at 72 Belmont Street, in Brockton, Massachusetts, and Save the Pine Barrens, concerned residents, and plaintiffs in the lawsuit intend on being present for the hearing.

The plaintiffs, which include ten residents of Carver and Save the Pine Barrens, have filed a preliminary injunction against A.D. Makepeace et al in order to restrain the defendants from stripping natural resources at three sites in Carver, excavating earth materials, conducting commercial mining, conducting agricultural excavation, and conducting excavation due to construction and the selling of earth materials. The plaintiffs specifically demand that the defendants in the case immediately cease the following activities at three locations on Federal Road: stripping of land, excavation, commercial mining, agricultural excavation, excavation due to construction, exporting, selling, distributing, trucking or dispatching or arranging for the export, hauling, carrying or trucking of earth materials off the sites, taking any of the foregoing actions with regard to all earth materials, including but not limited to all forms of soil, clay, gravel, hard pan, loam, peat, rock or sand. Furthermore, the plaintiffs call for a forensic audit to be conducted at the expense of Defendants in order to ascertain the volume of earth removed from the three sites on Federal Road, and to ascertain the total earth removal fees owed to the Town of Carver. The plaintiff also call for the defendants to conduct quarterly environmental monitoring, and produce annual reports and project plans, as required by the Town of Carver bylaws.

In a memo filed along with the citizens’ lawsuit against A.D. Makepeace et al, the plaintiffs claim that the defendants, through their earth removal activities, are causing damage to the environment and irreparable harm, air pollution and excessive noise, impairment of water resources and wetlands, the destruction of open space and natural areas, and the destruction of historic districts and sites, and are in violation of several components of the Town of Carver earth removal Bylaws.

The hearing is scheduled for Monday, September 26, at 2:00 pm at the Plymouth County Superior Courthouse in Brockton. Save the Pine Barrens is urging all members of the public who are concerned about the future of our Pine Barrens ecosystem to attend and support the plaintiffs.

If you would like to be further involved in our actions regarding this case, please contact Save the Pine Barrens.

Stripping natural resources, sand mining and earth removal at the A.D. Makepeace site 24 Federal Road in Carver. This is the type of activity the plaintiffs hope to cease through the injunction, due to its destruction of the natural environment.