More than five years after the Town took a substantial easement portion of land frontage from the Hilltop Athletic Association, the two sides came to a mediated financial agreement of $47,000. During the construction of the Pottle Street ballfields, Selectmen took, what they termed, access easements. The Club argued that the easements were tantamount to land takings since the Town not only took possession of the road, but impacted the placement of at least 19 parking places at the front of the Club’s frontage. Prior to the takings, property owners on Pottle Street owned the actual private roadway to a point where it abutted railroad property.

The Hilltop AA Board of Directors had been pleading its case for years and was forced into initiating legal action against the Selectmen to at least receive a fair market price for the loss of use of their land. Initially, Selectmen placed a $1.00 token taking value on the property claiming it was actually increasing the value of the property through the road and drainage upgrades. The Club responded with the argument that it was losing valuable frontage and would be forced to relocate a significant portion of prime parking to an expansion area to the rear of the Club thus providing an incursion upon future growth.

Both sides in the dispute had agreed to submit to mediation in an attempt to come to a meeting of the minds and the pocketbook. Mediation is a non-binding process agreed to and paid for by both parties. If talks broke down, there still loomed the potential for binding arbitration. Four officers of the Club, along with their attorney, Michael Mehrmann of Kingston, met with the Town Administrator Kevin Donovan and counsel from Koppelman & Paige. The session was held in Boston with an assigned mediator who was a retired judge; after 4.5 hours the two sides had agreed on a $47,000 figure. Several weeks ago, the Selectmen, in Executive Session agreed to the figure and stipulations were filed with the Court in order to end a nagging five year case.

Hilltop AA President Peter Beard told the Observer that he was pleased to see the action finally come to an end. He said that the outcome served as vindication for the Club’s persistence in pursuing the matter for all these years because, "We did suffer substantial damage because of the takings. I am glad it is over and I believe officers did well by the Club. I am pleased with the desire of both sides to finally put this matter behind us."

The Club was notified of the case’s conclusion at their December 13 monthly meeting. It is likely that the barrels that divide Club property from the roadway will remain until such time as the Town takes the necessary improvements to conclude access to the field parking areas.