.

1 •' "■ V
COMMONWEALTH OF MASSACHUSETTS
12 fM 2= lU
NORFOLK,ss. SUPERIOR COURT DEPT.
T! ' F.H ' •■' OF THE TRIAL COURT
' "H'jKi'ulK C'j'JNl '■ Case No. 18-1517

TAXPAYERS CONCERNED FOR BALDWIN

(Kate Chuprevich, Frances Gershwin, Lisa Goldin,
Sherry Leventhal, Dale Adler, Stacey McCarthy,
Donna Robinson, Jon Rotenberg, Elinor Ross,
Debra Teperman, and Jeffrey Woik),

Plaintiffs.

V.

TOWN OF BROOKLINE, SELECT BOARD

OF BROOKLINE, SCHOOL COMMITTEE OF
BROOKLINE, JEANA A. FRANCONI, Finance
Director/Treasurer of Brookline, PATRICK
WARD, Town Clerk of Brookline, JONATHAN
LEVI ARCHITECTS LLC, KENNETH AND
ROBIN LEVINE, JONATHAN AND ADRIENE
WAKS, and FUMITO AND JORIKO
ICHINOSE,

Defendants,

PLAINTIFFS' EMERGENCY MOTION FOR PRELIMINARY INJUNCTION

Pursuant to Superior Court Rule 9A(d)(I), the above-named plaintiffs ("Plaintiffs")
hereby move on an emergency basis for a preliminary injunction that restrains the Town of
Brookline, other town defendants, and Defendant Jonathan Levi Architects LLC ("JLA")
(collectively, the Defendants") from making any further expenditures toward plans for a new
school that involves the unlawful use of property protected by Article 97 of the Amendments to
the Massachusetts Constitution ("Article 97") and federal law. Specifically, Plaintiffs request
that the Court enter a preliminary injunction that:

36953149.1
 Restrains Defendants, their officers, agents, servants, employees, attorneys, and

all other persons in active concert or participation with them who receive notice

of the order by personal service or otherwise, from making any further

expenditures: (a) for schematic or other design of a ninth school that will rely on

the use of "Baldwin Park" (aka Baldwin Playground) for recess, physical

education, or other educational purposes; (b) for any action to develop a ninth

school on the site called "Baldwin North" unless and until the use of "Baldwin

Park" (aka "Baldwin Playground") for recess, physical education, or other

educational purposes is approved by a law enacted by a two thirds vote of the

Legislature pursuant to Article 97 of the Amendments to the Massachusetts

Constitution ("Article 97"); (c) for any action to develop a ninth school on the site

called "Baldwin North" unless and until the use of "Baldwin Park" for recess,

physical education, or other educational purposes is approved by the National

Park Service pursuant to 54 U.S.C. § 200305(f)(3) , 36 C.F.R. § 59.3(a), and other

applicable law, and (d) that will otherwise continue or promote the development

of a ninth school at Baldwin North, including but not limited to seeking a debt

service override either bundled with other projects or on a separate ballot.

In support of this Emergency Motion, Plaintiffs refer the Court to Plaintiffs'

Memorandum In Support of Emergency Motion for Preliminary Injunction and the Affidavit of

Stephen Wald, filed herewith.

CERTIFICATION PURSUANT TO SUPERIOR COURT RULE 9A(D)(1)

Pursuant to Superior Court Rule 9A(d)(1), the undersigned counsel for Plaintiffs hereby

certify that they conferred with Town Defendants' counsel on March 11, 2019 and counsel to the

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individual Oak Street defendants on March 12, 2019 regarding the subject of this Motion. The

Town Defendants oppose the relief requested herein and the individual defendants take no position

on the motion. Town Defendant's counsel expressed a preference for a hearing on Plaintiffs'

Emergency Motion on March 27, 2019, with Defendants' opposition, if any, due March 25, 2019.

The undersigned counsel for Plaintiffs hereby certifies that they have made a good faith effort to

contact by telephone and confer with counsel for Defendant Jonathan Levi Architects LLC

regarding the subject of this Emergency Motion, but received no response as of the time of filing.

March 12, 2019 ROBINS KAPLAN LLP

By: 77,
Stephen Wald (BBO #512350)
Robert F. Callahan, Jr. (BBO #685728)
800 Boylston Street, Suite 2500
Boston, Massachusetts 02199
Tel: (617) 267-2300
Fax: (617) 267-8288

ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was mailed, postage prepaid, and emailed on

this 12th day of March, 2019 to the attorneys of record of each other party.

Stephen Wald

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