“We feel that the court hasn’t actually made any findings on whether it’s OK to break this will,’’ said Douglas DeAngelis, an Ipswich parent, and one of 14 residents who filed the appeal.
“The way we look at it, is the land is an asset of this trust, but it’s never been professionally managed. We don’t agree that it no longer can be productive for the schoolchildren at Ipswich,’’ Douglas said.
In December, Essex Probate Court Judge Mary Ann Sahagian approved the settlement calling for the sale of the land.
On Feb. 6, the judge denied the residents’ motion to block the settlement and a request to allow the residents to be a party in the lawsuit.
“We didn’t feel then, and don’t believe now, that our interests have been represented,’’ DeAngelis said in an interview.
A motion for an injunction to stop the sale of the land, and to recognize the residents’ standing in the case, is pending before Appeals Court Justice Peter Agnes. A court spokeswoman said there is no date set for a decision to be made.
“It would be harmful to everyone if this land were allowed to be sold, before our appeal winds its way through the courts,’’ said Catherine Savoie, an Ipswich resident, who is also a lawyer with the Boston law firm Posternak Blankstein & Lund.
Little Neck is managed by board of trustees known as the Feoffees of the Ipswich Grammar School. Feoffees is an antiquated term for “trustee.’’ The board has until this week to file its response to the appeal, said William Sheehan, a Danvers lawyer representing the Feoffees.
“We believe the agreement is fair,’’ he said in an interview. “We’re pleased with what has transpired in the lower court. We hope the appeals court agrees.’’
The state attorney general’s office, which approved the settlement in December, declined comment, a spokeswoman said. The attorney general’s office had oversight because the land is held by a charitable trust.
