Environmental attorney Meg Sheehan is now leading a multi-pronged legal attack against private companies she alleges are plundering land and other natural resources with the help of town officials in Plymouth and Carver.
Her federal case against Plymouth, Carver, and two private companies is moving forward after a judge denied their motions to dismiss much of the 177-page lawsuit Sheehan filed against them in September.
Separately, in state court, Sheehan has amped up efforts to kill the ongoing development of 71 Hedges Pond Road in Cedarville. She just filed a second lawsuit in Plymouth Superior Court — from four Plymouth residents challenging a zoning permit issued to Standish Investment Group to develop the property.
The latest suit, filed on May 7, asks a judge to review a Plymouth zoning board decision refusing to “stop sand and gravel mining that is destroying the Cedarville Conservation Area.”
The mining operation, she argued, violates earth removal regulations of the town’s zoning law.
In April a separate group of plaintiffs, including Sheehan’s group the Community Land and Water Coalition, filed suit against the town, the developer, and the Plymouth Foundation to try to stop the development of the Cedarville site they claim is a historic Native American cultural site that should be preserved.
Sheehan, along with dozens of supporters, appeared in Plymouth Superior Court on May 2 to ask a judge to issue a court order halting work at the site.
The judge hasn’t ruled on the request.
Eric Pontiff, whose Standish Investment Group bought the 40-acre Hedges Pond Road parcel from the Plymouth Foundation in 2022 for $3,450,000, said the development complies with all laws and other requirements.
“The project fits in the regulations,” Pontiff said. “Special interest groups may not agree, but the project is not unlawful.”
He said he’s working with a national brokerage group to bring “national jobs and class A tenants” to Plymouth and argued that any interruption will “delay the economic benefits to the town and the reduction of the residential tax bills.”
“The goal here was to bring jobs and tenants who weren’t seen in Plymouth before,” Pontiff said.
In the federal case, Sheehan, who is seeking $20 million in damages, has accused Plymouth and Carver as well as officials of AD Makepeace and SLT Trucking with violating her rights by harassing and demeaning her as she crusaded for the protection of natural resources.
The defendants either mine sand, she alleges, or protect others that do.
Besides the towns, Sheehan has sued individual officials — Michael Main, chair of the Plymouth Zoning Board of Appeals, and Betty Cavacco, former chair of the select board and now a member of the Community Preservation Committee.
Other defendants include Alan Germain, the Carver town moderator and owner of a trucking company; Stephen Gray, chair of the Carver Zoning Board of Appeals; SLT Construction and its president Peter Opachinski; and Makepeace and its chief executive officer, James Kane.
Sheehan accuses them of libel, slander, invasion of privacy, and intentional infliction of emotional distress.
In her 77-page decision issued on May 7, US District Court Judge Allison Burroughs wrote that in deciding motions to dismiss, judges “must accept as true all well-pled facts, analyze them in the light most favorable to the plaintiffs and draw all reasonable inferences from those facts in favor of the plaintiff.”
In other words, the fact that many of the 24 counts in Sheehan’s lawsuit were not thrown out does not mean she will ultimately win the case.
Even though the judge ruled on the motions to dismiss, the case might not be resolved anytime soon.
If Sheehan amends her complaint, as expected by defense lawyers, the clock resets and a new round of motions to dismiss may be filed.
Still in the case are Sheehan’s charges that Plymouth and Carver officials violated her First Amendment rights by trying to silence her at meetings.
The judge dismissed claims that the towns violated her due process rights, defamed her, and intentionally inflicted emotional distress.
Remaining are allegations that SLT and A.D. Makepeace conspired with the towns to violate her rights, as well as claims that three public officials — Cavacco and Main of Plymouth and Germain of Carver, defamed her.
The judge dismissed defamation allegations against A.D. Makepeace, which Sheehan has claimed was behind “Meg Costs Us Millions” — the Facebook page where for many months anonymous critics ridiculed and demeaned her.
The judge did not address Sheehan’s allegation that Makepeace employees created the controversial Facebook posts.
Plymouth Town Manager Derek Brindisi said the town is “very pleased so far with the judge’s decision to remove the majority of the counts filed by Sheehan against the town. We are looking forward to demonstrating to the court that the remaining counts should also be dismissed,” he said.
Adam Simms, who represents the Town of Carver and individual Carver officials, said Sheehan seems to be challenging the rights of others to express a contrary opinion.
She is free to advocate for causes she supports, Simms said, but “there’s another side to the story — there are people who think development is also a worthy goal.”
“The First Amendment is a two-way street,” Simms said. “She’s trying to control in some ways what people who are in a different camp are allowed to say.”
“I don’t think that’s what federal courts should be monitoring,” he added. “The public has every right to go to any town board and advocate for one position or another. What’s disappointing is my clients have been sued for doing their jobs.”
In an email, Sheehan said she has “dedicated” her career to environmental law and advocacy.
“The scourge of sand mining under various development proposals is devastating the region and harming the well being of residents,” she wrote. “Many residents cannot afford costly lawyers and engineers to help them analyze and review development proposals that come before zoning boards, planning boards and building commissioners. Just as these developers have a right to present their case to the town for permits, residents have the right to be represented by lawyers and engineers to ensure proposals comply with the law.”
The federal judge’s ruling, Sheehan said, “was a recognition that my claims are valid and we look forward to moving ahead with the case.”
Makepeace officials did not respond to requests for comment.
Andrea Estes can be reached at andrea@plymouthindependent.org.