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Caswell Family Wins Three-Year Battle With Feds

Judge rules that motel is not subject to forfeiture.

 

The Motel Caswell is remaining under the ownership of the Caswell family for the forseeable future.

On Thursday, U.S. Magistrate Judge Judith Dein ruled that the Tewksbury motel was not subject to forfeiture, as argued by Federal law enforcement officials.

In her 59-page ruling dismissing the forfeiture action, Dein stated, in part:

"After careful consideration of the evidence, pleadings, and argument of counsel, this Court concludes that the Government has failed to meet its burden of establishing that the Motel is subject to forfeiture."

The U.S. Attorney's Office first took action to seize the Motel Caswell back in September 2009, claiming it had long been a hotspot for srime in Tewksbury, particularly drug activity. Government attorneys cited 15 specific incidents that had taken place between 1994 and 2008 and argued that since owner Russ Caswell lived in a home adjacent to the motel itself, he must have known about the illegal activities engaged in by his guests.

Caswell was being represented pro bono by lawyers from the Institute for Justice, a Washington-based organization that specializes in government forfeiture cases. IJ attorneys argued that Caswell himself had never been accused of any crime or of being involved in any illegal activity. They further argued that over that same 14-year period, the Motel Caswell served roughly 196,000 guests.

 

Related Topics: Federal Government, US Attorney, and motel caswell

Steve Magplate

7:20 am on Friday, January 25, 2013

Mr. Caswell should be compensated for this outrageous abuse of private property rights and the Constitution by government agents seeking quick cash.

I know there will be a lot of negative comments about this motel, the people that use, the effect on property value and on and on, but none of that has any bearing on the merits of this action and the abuse of government power that this case represents.

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Who Me?

7:26 am on Friday, January 25, 2013

Good for him. Classic over-reach of Big Government sticking their nose where it did not belong. As many pointed out Motel 6 is a bigger offender.

Besides...if drugs, prostitution and crimes are the benchmarks for Government intervention then Roxbury, Humboldt Avenue, Lawrence, Brockton and many many more places should be "seized" ASAP by our over reaching Government.

What a waste of Government resources and It actually makes me wonder who or what was "after" this Man's property.

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Ed B

7:29 am on Friday, January 25, 2013

Well I guess the system really does work.

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Mary

7:47 am on Friday, January 25, 2013

I really didn't want the Casewell Family to lose their investment but now that it has been decided that there will be no forfeiture of the property, why can't the family take a better look at who they rent their rooms to. Perhaps a full-time security guard should be stationed at the motel so that the problems that have developed there over time would start to wind down. My motto is: Run a clean business and no one would ever complain. This would be the least they could do to bring back the people of this Town's confidence. By the way, the same should be said for the Motel 6.

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Kristin M

9:49 am on Friday, January 25, 2013

I agree ! The Casewell family should now invest time and money into their business...renovate the rooms, charge a higher fee, and get a better quality of clientele in there. Now is their chance to make a positive change...show this town and all the non supporters WHAT that place could be !

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ron t

2:57 pm on Saturday, January 26, 2013

OK Mary next time you go to a hotel and they want to do a background ckeck on you would you like it ?? Thoughs of us that know Russ Caswell never lost confidence in him. What you should be leary of is a police department that never did it's job and went along with the whole fiasco .

Vince

7:53 am on Friday, January 25, 2013

There are just as many drug deals at Motel 6 and the home depot parking lot
as there is at the caswell. I don`t see the cash strapped Feds. or the town trying to steal their property.

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southie

3:24 pm on Friday, January 25, 2013

The Lowell Sun has a report that shows that the caswell isn't even in the top five for drug arrests in the past seven years in town. Not saying that it's alright to be on that list at all ,but don't see the police or Feds going after anyone else

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john smith

4:02 pm on Friday, January 25, 2013

Southie that is because they are relatively safe behind the closed doors of the motel. That is why they go there, the police can't go barging in. Another thing, the owner probably won't admit this, but it is well known that they rent rooms or at least used to,by the hour. You can't tell me that doesn't scream shady business.

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Janellen27

3:59 pm on Saturday, January 26, 2013

southie: Wondering if you could share the Top 10-15 with us from what you read. I can see The Caswell not quite making the top of the list; they're a smaller outfit than others in town.

Jane Smith

8:02 am on Friday, January 25, 2013

Glad you won. That never should have happened...NOW CLEAN UP YOUR MESS

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BILL REBAS

8:06 am on Friday, January 25, 2013

rusty old buddie so glad for you.all i can say is great great great

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Bob

8:25 am on Friday, January 25, 2013

I want to echo what has been stated. It is a great day for our Republic that the little guy has beaten back Big Brother!
Having said that, I would ask and hope that Mr. Caswell heard those of us in town that supported his cause but have concerns. In the months and years ahead we the citizens of Tewksbury will see just how good of a neighbor Mr. Caswell wishes to be. Time will tell.

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ron t

3:09 pm on Saturday, January 26, 2013

What a pompus fool you are looking down your nose at a citizen that has been a good nieghbor all along. Non of you had concerns till they trumped up the charges againt him and he has been an upstanding member of the community longer than you .

Joe Bill

8:26 am on Friday, January 25, 2013

I don't think this property should have been seized but I think the owner should be embarrassed by what his dump of a property represents. Have some pride and either take care of your property or sell it. There is no conceivable way this guy could not know that he is running a haven for drug dealers and prostitutes. I hope someone sues his pants off when some streetwalker ends up dead in one of his heart-shaped jacuzzi's. Motel 6 should also be held accountable for the lowlife trash that frequents that shanty as well.

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Mike

8:27 am on Friday, January 25, 2013

Congratulations to the Caswell family the government had no right to take their motel away I love the Caswell!

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Steve McMahan

8:44 am on Friday, January 25, 2013

Great day for the little guy, bad day for Tewksbury. That dump is total blight on the town.

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ron t

3:19 pm on Saturday, January 26, 2013

Another mindless idiot , your in Somerville with trees, give us your address so we can asses your dump.

Becca Bell

8:46 am on Friday, January 25, 2013

Congrats to the Caswell's! Why don't the police HELP the town and patrol the areas that are known for drugs? which also includes Walmart, Home Depot, Motel 6. If it becomes known among dealers that the cops are always around maybe the town will improve and drug dealing will go down.

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CallMeFrustrated

10:13 am on Friday, January 25, 2013

"... patrol the areas that are known for drugs?"

It's called Lowell.

Can u believe it?

8:52 am on Friday, January 25, 2013

I do have a question for everyone that is congratulating "Rusty". Are you ok with paying the taxes to subsidize his business for the tens of thousands of dollars (conservative estimate) in police/fire/ambulance services and overtime that his business has cost this town over the years??? If every business in Tewksbury had the same usage rate the town would be bankrupt. The system defintely works to his advantage because he would not be able to mainatain his business at a profit if he had to pay for the services he requires.

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Mary

9:01 am on Friday, January 25, 2013

Jim, that is the exact reason I stated in my posting earlier this morning that "Rusty" should have to hire private security to take the burden off of Town services. The same should go for the Motel 6.

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ron t

3:24 pm on Saturday, January 26, 2013

Where do you get the usage figure from and when did ambulance service become free? How about the insane commercial tax rate and room tax he pays . Businesses in this town pay the majority of taxes and get the least in return

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Jennifer Nagle

4:49 pm on Monday, January 28, 2013

Just curious, how much did this fiasco of a court case cost us taxpayers..... thinking it may have been a bit more than your "conservative estimate"....

Susan

8:52 am on Friday, January 25, 2013

Not only have the Caswell's been close family friends forever, they are my neighbors and I see how hard they work every single day! This never should have ever been allowed to happen to them. They are a wonderful family and would never turn a blind eye to any wrong doings! They have no idea what is going on behind closed doors! So a big congrats to Russ, Pat, Julie, Jay and the rest of the family. I couldn't be happier for you all.

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Patch-n-Batch

8:57 am on Friday, January 25, 2013

Great...he gets to keep it. Now sell it, as that crack addict magnet has had it's time. Keep all those undesirables on the other side of 495.

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Patch-n-Batch

9:02 am on Friday, January 25, 2013

And Susan, just because some loon of a judge decided in the Caswell's favor, you can't convince a reasonable person that they had absolutely no idea of what goes on there. No way. When I lived 20 miles away over a decade ago, that swill pit was legendary for its easy access to drugs and gross companions. If people in another County know, how can the "head in the sand" owners not be aware. Total pile of crap...

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Bill. S

6:37 pm on Friday, January 25, 2013

Patch-n-Batch,
I could not agree more. It is legendary and it is far reaching. How could they have no idea. I did not want to see big brother win either, but it is over so sell and retire.

john smith

9:13 am on Friday, January 25, 2013

I am happy that a business owner was not stripped of his property. With that said this place has been host to thousands of arrests for everything from prostitution, drugs, rapes, assaults, kidnapping, and even suicides have been discovered in the rooms. Over many decades this place has always been a known stopping point for people that were up to no good. They saw it as being close enough to Lowell and Lawrence to deal the drugs but further removed from the magnify glass. If the police ignored the history and the high level and seriousness of the activity, they would not be doing their job. It is never a good thing for a business owner to have his business and property seized, but I hope the owner finally admits that he knows what has gone on there for years and bulldoze the property and sell the land for a hefty price. If the rest of the town knew, the owner knew so let's be honest already.

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Brooke

10:16 am on Friday, January 25, 2013

My feelings exactly. I didn't agree with the government seizing it and the family not seeing a dime so good for them on that front, but it SHOULD be shut down. The family can keep the proceeds, as they are rightfully theirs, but that place should not be allowed to continue to operate as the slum that it is.

debbie

9:50 am on Friday, January 25, 2013

Good for the caswells.....now take care of the crime and hire security. Let these low lifes know that you will not tolerate these crimes to go on.

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Robert L Homeyer

10:13 am on Friday, January 25, 2013

That was a total waste of taxpayers money. The people 1 the govt 0. Congrats to the Caswell family.

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Janellen27

4:14 pm on Saturday, January 26, 2013

If you know how much "the taxpayers" paid for this, Robert, please tell us. Started out on the local level, went to the Federal level. . . residents pay both types of taxes, so wondering what it would have cost.

Just a reminder, Robert. . . it never would have gone to the federal level had the defendant responded appropriately at the local level.

Honest Joe

10:20 am on Friday, January 25, 2013

Happy to hear that this property was not seized by the Government. Justice prevails in this case. Let's just hope Mr. Caswell does not get sued by people claiming "discrimination" for not renting to certain individuals, if he takes on some of the suggestions certain folks are submitting in this forum.

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David

10:47 am on Friday, January 25, 2013

I just love the people who think if you Demo the Caswell drug addiction and drug traffic is going to just go away in Tewksbury If you want to Demo Caswell for being an eyesore, Than Demo all of RT 38, Government attorneys cited 15 specific incidents that had taken place between 1994 and 2008. That does not sound like thousands. To the person who stated we subsidize his business for the tens of thousands of dollars. How wrong can you be we as taxpayers are paying that anyways. The Government is just getting larger and larger very happy the little guy beat this Socialist Government. Gives me hope not to give up. Scary times, can not believe this went to FED court for 15 incidents over 14years. If as a town if we spent more time trying to save the Castle on Catamount instead of trying to destroy a small business we would all be better off.

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john smith

12:10 pm on Friday, January 25, 2013

David, it has been thousands of incidents on that property over many decades. The Government cited 15 specific incidents because they were the ones like the drug lab for example that was found. Call TPD and TFD and you'll see just how many times they are there. When the owner charges 50 dollars a night and advertises love tubs, who do you think is going to be renting a room. There HAVE been thousands of incidents not only the 15 as you suggest. Removing the Caswell will obviously not eliminate drugs from Tewksbury, it would take away a place that criminals and low life's feel safe and comfortable to conduct their crimes. And what the person was saying about taxes is that the Caswell utilizes public safety far more than most locations tying up resources that taxpayers expect are available for them in THEIR time of need. The Motel 6 is a good comparison to the Caswell but the difference is the Motel 6 does not have as lengthy a history yet and as far as I know it has not reached the level of actual drug dens and labs like the Caswell was host to. Don't get me wrong I do not think the Gov should seize his property but I would be ok with a forced closure where he could demo and sell for millions.

Can u believe it?

11:36 am on Friday, January 25, 2013

David , your statement that "To the person who stated we subsidize his business for the tens of thousands of dollars. How wrong can you be we as taxpayers are paying that anyways" makes me think you really like to pay taxes. Don't you think that the Caswell uses more than their share of town services compared to other businesses in town ( except Motel 6)? The statement is also misguided because many of the costs are exclusive to the Caswell. A good example is police overtime for all of the court cases specific to his business where police have to testify.

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Rusty

12:01 pm on Friday, January 25, 2013

A huge majority of service calls come from the Tewksbury State Hospital,more so than the motel.

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john smith

12:15 pm on Friday, January 25, 2013

Tewksbury State Hospital does generate more service calls, but it is like comparing apples to oranges. The State Hospital is a massive facility and the people there are not dealing drugs, making meth labs, prostitution, and other violent crimes as well. Totally different situation

malcolm nichols

12:03 pm on Friday, January 25, 2013

The U.S. Attorney's Office should now take action against the White House as it had long been a hotspot for crime and waste.

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David

12:06 pm on Friday, January 25, 2013

Jim what are you talking about the Fed’s stated 15 incidents in 14 years how does this add up to tens of thousands of dollars in subsidize dollars No I do not like paying taxes and no I do not want to pay for the guaranteed health care and pensions that Fed and State workers get for the rest of their lives. Remember Caswell is a taxable business for the Town of Tewksbury. All I see on RT 38 is empty store fronts and empty parking lots sounds like the Caswell have been paying their so called subsidizes’ to the Town since 1955 seems like they paid for there town services.

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Chris

1:25 pm on Friday, January 25, 2013

Congratulations go to Rusty and The Caswell family, every once and a while justice is served. The Motel Caswell serves a need to the community and now that the case is over with, they will keep the place as clean as possible. It was great news to wake up to.

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john smith

2:55 pm on Friday, January 25, 2013

Chris what exactly is that "need to the community". I hope that is sarcasm because if you really think the community needs a filthy hangout for druggies, dealers and std ridden prostitutes, then you are quite strange.

Janellen27

5:14 pm on Friday, January 25, 2013

What an outstanding array of comments and attitudes--some informed, some naive!

How much did the residents of the town pay for the 3 years' worth of Legal Fees to lose that case?

Of course, Mr. Caswell knows who he rents to! He checks them in and he places most of the calls to the PD for assistance.

Shoot up, OD, rivived, ER, back again.

Yes, it's thousands of calls, over the years; only 15 went to Court.

Motel 6 was The Holiday Inn before, remember? That location has its lengthy history, too.

No, the Town won't go after Motel 6 or the other Hotel chains in town becuase they are large chains; huge corporations. You and I cannot afford that--as if we could have afforded this one.

I've been told by "informed individuals" you can see the bed bugs walking around in those rooms.

I'd hate to go in there with a black light!

I, too, am glad to see a family business not confiscated. And, given that this has been decades' worth of a battle with the Town, I don't think The Caswell's should be compensated one penny, as suggested above--if anything, the other way around. Years and years of warnings and complaints, not just 15 from one year.

No, the type of person turned away will not have the means to sue anyone! lol.

They may be nice people, but it's a dirty business. Maybe they would like to consider turning it into a Teen Center for kids, or something that would give both the family and the town a facelift and a more positive purpose.

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TONY D

9:54 pm on Friday, January 25, 2013

It was 15 events from 14 years. Not 15 from one year. A privately run teen center on the Tewksbury/Lowell line. Yeah, that is not going to draw too many teenage pothead!!! The teens from Lawrence could jump off 495 and join them.

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Janellen27

2:14 am on Saturday, January 26, 2013

TONY D: My clerical mistake wrt # incidents in # years. Thank you for noting that.

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Janellen27

2:16 am on Saturday, January 26, 2013

TONY D: "A privately run teen center on the Tewksbury/Lowell line. Yeah, that is not going to draw too many teenage pothead!!! The teens from Lawrence could jump off 495 and join them."

You've got a bad attitude. Weren't you the one who didn't like Tewksbury and preferred Westford on the HomeGoods thread? Think of something productive and positive they could do with the place yourself.

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TONY D

10:21 am on Sunday, January 27, 2013

Didn't say I wanted to live in Westford. Just said it is a much nicer Town. Was warning the person that said they were thinking of moving there that the taxes were higher than Tewksbury's.

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Janellen27

12:51 pm on Sunday, January 27, 2013

I was there last night, in fact. Their new "Loop style" Mall has some stores that are open--Marshall's & Home Goods, not until March. Rte. 110 from Littleton to Chelmsford had nothing on it years ago, and in the past 10 years has become crazy.

One of my siblings had a house there in about '65. I wonder what the difference in cost was then and now. At one point three siblings owned there. The main difference between this town and theirs--conscious planning and a sense of aesthetics, keeping all the stores down on Rt. 110, which is now beginning to resemble Rt. 28 in Salem, NH.

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Janellen27

12:57 pm on Sunday, January 27, 2013

TONY D: Wondering--from your perspective--what you think the differences are between Tewksbury and Westford.

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TONY D

12:39 pm on Monday, January 28, 2013

If you think that the Route 110 corridor in Westford resembles Route 28 in Salem NH there is no sense discussing the difference. The residents of Westford would be appalled by your comparison. Take a walk, not a drive, down Route 38 in Tewksbury. You will see so much trash along the sides of the road. It is disgusting. I used to walk 4-5 miles every other day but got discouraged looking at the trash and the lack, or condition, of the sidewalks. Town and private property all along Main Street is deplorable.

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Honest Joe

10:26 pm on Monday, January 28, 2013

I think your the one with the bad attitude Janellen27........talk about bullying!

Janellen27

5:17 pm on Friday, January 25, 2013

Now, the Jade gets to stay in business, too . . .

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Janellen27

2:10 am on Saturday, January 26, 2013

TONY D: I said the Chinese Restaurant gets to stay in business becuase so much of their business comes from across the street at the Caswell, sort of a joke.

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TONY D

10:18 am on Sunday, January 27, 2013

I myself do not frequent the Jade but whenever I drive by, their parking lot is pretty well full. Seems they do quite a good business. Can't be people just walking across the street.

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Janellen27

12:38 pm on Sunday, January 27, 2013

TONY D: I said "it was sort of a joke". And, a LOT of people cross the street to go to the Jade. Have to remember to keep an eye out for crossers when I pass by.

Honest Joe

6:57 pm on Friday, January 25, 2013

Well it would be nice to know if the TPD has tried to work with the Caswells on how to prevent certain crimes from happening there. I have also heard that the motel does keep a log and don't rent to certain individuals if they are on that list, but I am not sure how true that is.... Can they even do that legally? I am assuming they can by presenting them with "no trespass" papers. I have heard of individuals being banned from other establishments because they are problematic. I am assuming the Caswells can do the same thing? As far as keeping that place clean? Looks pretty clean from the outside to me, everytime I drive by it. I can't say that for some other property owners in Tewksbury, their yards look like a dump!

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Janellen27

2:20 am on Saturday, January 26, 2013

Honest Joe: If you want to know, ask them. Sounds like you already know quite a bit about the Caswell business.

Please don't talk about Tewksbury yards referring to them as "dumps".

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Honest Joe

10:28 pm on Monday, January 28, 2013

Janellen27: Please don't tell me what I can say and what I can't say about Tewksbury. I'll say it as I see it, thank you very much!

Honest Joe

7:39 pm on Friday, January 25, 2013

So Janellen27, are you stating that we as residents of this town paid for the 3 years' worth of Legal Fees for this case out of our taxes? It came out of the towns budget? If so, how much did the town subsidize for these lawyers fees? I'm finding this hard to believe, but please enlighten me with the facts. I would be very interested in hearing them.....

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TONY D

9:59 pm on Friday, January 25, 2013

Honest Joe, Of course Janellen27 is stating that the Town paid for the legal fees. She is privy to a lot of insider information.

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Janellen27

2:18 am on Saturday, January 26, 2013

TONY D; Again, you're stirring up trouble. What the hell is with that, anyway?

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Janellen27

2:25 am on Saturday, January 26, 2013

Honest Joe: This was what I typed: "How much did the residents of the town pay for the 3 years' worth of Legal Fees to lose that case?"

Now, does that look like a STATEMENT to you? Looks like a QUESTION to me--in other words, what is called "seeking information".

Since it was the Town who started this whole Suit thing against The Caswell, going to The Feds for assistance, one might assume, though, that it did run up a few hours worth of expenses, plus some travel expenses. Of course, I haven't studied the case, I've only been hearing about it for years, so I might not assume.

You seem to know a lot about it. . . why don't you share.

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Honest Joe

10:33 pm on Monday, January 28, 2013

Janellen27: I know nothing about it, can't help you out there sweetheart. I was hoping you could provide us with the facts, based upon your assumptions.

Janellen27

2:34 am on Saturday, January 26, 2013

TONY D & Honest Joe: Please share all the information that you are "privy to", and stop the bullying.

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Honest Joe

10:35 pm on Monday, January 28, 2013

Janellen27: Bullying? Really? Wow, your a real card. There, now you can you can say I was bullying.

Janellen27

3:32 pm on Monday, January 28, 2013

TONY D wrote: "If you think that the Route 110 corridor in Westford resembles Route 28 in Salem NH there is no sense discussing the difference. The residents of Westford would be appalled by your comparison. Take a walk, not a drive, down Route 38 in Tewksbury. You will see so much trash along the sides of the road. It is disgusting. I used to walk 4-5 miles every other day but got discouraged looking at the trash and the lack, or condition, of the sidewalks. Town and private property all along Main Street is deplorable."

Oh, Tony . . . Please. It was clear I was referring to the massive build-up of business along Rt. 110 between Littleton and Chelmsford--specifically the Westford stretch. I said nothing about trash or anything else other than the development of business and retail.

No need to bring Rt. 38 into the discussion at all. Simply comparing when my siblings had their homes built in Westford in the sixties to today in 2013. It was empty and now it's a traffic jam. That's all.

If you don't like the trash along Rt. 38, you're welcome to form a few local clean-up days. It appears some people don't know it's their job to "keep America clean" and that there are steep fines for littering, unfortuantely. Such values are taught by parents in homes; looks like some parents skipped over that part, I agree. Where did you grow up, by the way? And, what landed you here in Tewksbury. You don't seem to care much for the town yourself.

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Reality Bites

11:24 pm on Friday, February 1, 2013

Not for nothing but how many of the other hotel/motel facilities would take in a person or family who had next to nothing for funds that just lost everything or have very little left? I'd bank the hotel chains would tell you "oh well nothing we can do" while Russ wouldn't think twice given that same person/family a second chance to get back on their feet. With that being said while his venue has a terrible reputation with the characters a bind eye has been turned to there needs to be more like this. You negative nelly's are going to have your opinion about it but think about the worst case scenario.. you just lost everything, you have no where to go, it's cold out, your kids are whiney, you need a day to recoop and get a game plan set up... Russ would be the best bet to take you in no questions asked. I agree Russ needs to come up with a better way to keep these junk bags out.. I agree TPD and Russ should set up monthly meetings to coordinate the safety of the venue and town. Lets face it Tewksbury is going to Hell in a handbasket and quickly. When authorities work together with business owners there's a way to make a bad situation into a better one.

P.S. We're all entitled to our opinions whether anyone likes it or not. This is my opinion - like it or hate it doesn't matter to me. I expressed my opinion just like the rest of you. Perhaps you should realize this happens everywhere.

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Joe Gandhi

12:20 am on Saturday, February 2, 2013

You want to say that again in English maybe? Tewksburys a great town. everyone loves it here. Realize what "happens everywhere"? A little conflicted among your many selves, RB?

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TONY D

9:18 am on Saturday, February 2, 2013

RB's statement was not that bad. Except for a few spelling and grammatical errors. It is his opinion. Tewksbury is not a great Town and everyone does not love it. And Janellen27 don't jump all over me. I'm not saying I like it or not. Just stating a fact. And yes, bad or unfortunate events happen to people everywhere. Joe Ghandhi get your head out of the sand.

Janellen27

4:28 pm on Saturday, February 2, 2013

Pretty clear you don't like it here, Tony. That's why I asked you where you grew up and what landed you here. I think it's more like people who grew up here love it--probably because most of us tend to love our home towns and the memories they hold. Nevermind, beating a dead horse on this thread.

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