State of Vermont Superior Court—Environmental Division ========================================================================== ENTRY REGARDING MOTION ========================================================================== In re Losier Variance Application Docket No. 79-4-08 Vtec (Appeal from ZBA decision) Title: Motion for Writ of Attachment (Filing No. 10) Filed: April 6, 2011 Filed By: William P. Neylon, Attorney for Appellee Town of Maidstone Response in Opposition filed on 5/9/11 by Oliver L. Twombly, Attorney for Appellants/Applicants John and Paulette Losier __ Granted _X_ Denied ___ Other For the same reasons as those contained in our Entry Oder issued today denying the Town of Maidstone’s (“Town”) motion to enforce judgment, we also DENY the Town’s motion seeking a writ of attachment against the real property owned by John and Paulette Losier. There is no pending matter before the Court in regards to which the Town is likely to “recover judgment.” See V.R.C.P. 4.1(b)(2) (authorizing a court to approve a request for a writ of attachment upon finding “that there is a reasonable likelihood that the plaintiff will recover judgment”). Consequently, this motion can be DENIED without a hearing. _________________________________________ August 1, 2011_ _____ Thomas S. Durkin, Judge Date =========================================================================== Date copies sent to: ____________ Clerk's Initials _______ Copies sent to: Oliver L. Twombly, Attorney for Appellants/Applicants John and Paulette Losier William P. Neylon, Attorney for Appellee Town of Maidstone Interested Person Brenda J. Tilton Interested Person Norman A. Vashaw