1. Plan of Existing Ownership
2. Letter of Zacheus Howwasswee
to John Milton Earle, August 25, 1859
3. Letter of Leavitt Thaxter
to John Milton Earle, January 28, 1860
4. Report of John Milton Earle
to Legislature, March 30, 1862
5. Chapter 42 of the Acts of 1863
- Resolve relating to the establishment of boundary lines of Indian
lands, March 13, 1866
6. Report Statement of Charles
Marston, Commissioner, as recorded at the Dukes County Registry of Deeds
(the "Registry") in Book 49, Page 2
7. Report of Charles Marston,
Commissioner, to Governor Alexander H. Bullock and the Executive Council
of the Commonwealth, March 23, 1866
8. Chapter 67 of the Acts of 1866
- Resolve relating to the establishment of the boundary lines of Indian
Lands at Gay Head, April 30, 1866
9. Map of Gay Head, Martha's
Vineyard, Massachusetts, Showing the Lands of Individual Owners and
the General Fields or Commons, made under the direction of Richard L.
Pease, Esq., Commissioner appointed by Gov. Bullock; plan prepared by
John H. Mullin, Scale: 50 rods - one inch
10. Senate Document 14
of 1869 - Report of the conditions of the Gay Head Indians, including
proposed act to incorporate the town of Gay Head, January, 1870
11. Chapter 213 of the Acts of
1870 - An Act to incorporate the Town of Gay Head, April 30, 1870
12. Petition, Citation and
Decree to the Dukes County Probate Court (the “Probate Court”)
for the Division and Setting Off of Our Lands in Gay Head (returned
on December 5, 1870) pursuant to Chapter 213, Section 6 of the Acts
of 1870, with transcription, September 1, 1870:
13. Remonstrance to the petition
of persons in Gay Head for Division of Common Lands, with transcription,
September 7, 1870
14. Petition in and of the Citizens of Gay Head, with transcription,
October 17, 1870
15. Decree for Division of Gay Head Common Lands and Establishing Boundaries
of Other Lands. Appointment of Joseph T. Pease and Richard L. Pease
to make division of lands by Judge Theodore G. Mayhew, with transcription,
December 5, 1870:
16. Appointment of Joseph T.
Pease and Richard L. Pease by the Probate Court, with transcription,
December 5, 1870
17. Return of Warrant
by Joseph T. Pease and Richard L. Pease, with transcription, May 12,
1879:
18. Report of the Commissioner appointed to complete the examination
and determination of all questions of title to land, and of all boundary
lines between the individual owners, at Gay Head, on the island of Martha’s
Vineyard; under a Resolve of the Legislature of 1866, Chapter 67. Boston:
Wright & Potter, State Printers, 79 Milk Street (corner of Federal).
1871.
19. Summary Land titles
and Boundary Lines of the Indian Lands at Gay Head, Martha’s Vineyard,
Mass., as Reported to his Excellency, the Governor and the Honorable
Council, by Richard L. Pease, Commissioner, May, 1871 (Exhibit 83
contains all the deeds from this title examination and determination)
20. Sectional Plans recorded
at the Registry on October 26, 1871, depicting Lots 1-173 with letter
from Dukes County Register dated May 22, 2007
21. Report of Joseph T. Pease
and Richard L. Pease to the Probate Court and order and approval by
the Probate Court, as recorded in Book 65, Pages 150 to 152, with transcription,
December 21, 1878
22. Summary Map of Gay Head
lands depicting lots subdivided by Joseph T. Pease and Richard L. Pease,
prepared by John Mullin, Civil Engineer, with cross-hatching of Lots
1-173 and homestead lots deeded between 1866-1871; Lots 174-189 conveyed
in 1878, -December 21, 1878:
23. Last Will and Testament of
Zacheus Howwasswee of Gay Head, filed in Probate Court. Docket I/1612,
September 1, 1872
24. Deed conveying Lot 178 to Elizabeth
Howwaswee, widow of Zaccheus Howwaswee. December 21, 1878:
25. Map of Martha’s Vineyard
Island, Western Part, Massachusetts, Plan Table Survey by W.C. Hodgkins,
Assistant, Chief of Party, Treasury Department, U.S. Coast and Geodetic
Survey, Henry S. Pritchett, Supt., 1897-1898
26. Aerial photograph
RG373 Can ON 10573 – Exp G-27 on file with the National Archives
and enhanced with overlay of set-off lots and existing roads, February
27, 1941
27. Special Place
Designation in Aquinnah Zoning By-Laws for Toad Rock with Toad Rock
28. Harper's New Monthly
Magazine story on Gay Head visit, September, 1860
29. Deed from David Wice et ux to Martha's Vineyard Land Bank, with
Plan of Land in Gay Head surveyed for Madeline J. & Jean W. Missud,
Jr., July 21, 1959, Scale: 1"=200', prepared by Hollis A. Smith,
as referenced in Wice deed, December 15, 2005,
30. Chain of Title to Lots
178 and 711
31. Chain of Title to Lot 241
32. Chain of Title to Lot 243
33. Chain of Title to Lot 554
34. Chain of Title to Lot 555
35. Chain of Title to Lot 713
36. Chain of Title to Lot 557
37. Plan of Lot 79 held in
severalty by Zaccheus Howwasswee, also cited as his Homestead Lot. The
plan depicts Howwasswee's home foundation, barn and the perimeter of
his Homestead defined by stone walls.
38. Plan of Lot 178 depicting
existing conditions.
39. Deed to Lot 89 dated October
26, 1871, held in severalty by Serena Randolph
40. Photograph of Gay Head
from the lighthouse, circa 1887, Martha's Vineyard Landscapes: The Nature
of Change, by Peter W. Dunwiddie, published by the Vineyard Conservation
Society and Peter W. Dunwiddie, 1994, Page 56
41. Letter from Benjamin
L. Hall, Jr. to the Appeals Court attempting to call attention to the
Appeals Court that Lots 174 thru 189 were not held in severalty, August
31, 2005
42. The Old South Road of Gay
Head, by Edward S. Burgess, Dukes County Historical Society, July 1926
43. a) Aerial photograph from
the U.S. Geological Society (USGS) dated November, 1938; ..... b)
zoomed section of photograph showing locus of controversy
44. Land Court registration
case no. 17763 regarding Lot 585
45. USGS quadrangle of Squibnocket,
1943; with zoomed section of quad showing locus of controversy
46. Plan of land owned
by Squibnocket Bass & Surf Club, Inc., Land Court registration case
no. 12591, June 20, 1950
47. USGS quadrangle of Squibnocket,
1951; with zoomed section of quad showing locus of controversy
48. Taking and layout of
Moshup Trail by the Dukes County Commissioners as recorded at the Dukes
County Registry of Deeds, including sheets 1, 7, 8, 9 and 10 of survey
layout, February 7, 1955
49. USGS quadrangle of Squibnocket,
1972, zoomed section of quad showing Plaintiffs' lots and area of controversy
50. Decision from Land
Court on easement by necessity claim, Black et al. v. Cape Cod Company
et al, misc. case no. 69813, Justice William J. Randall, July 14, 1975
51. Petition of Alexander D. Forger, Land Court registration case no.
39904
52. Affidavit of Philip
J. Norton, Taylor v. Vanderhoop, Land Court misc. case no. 129925, dated
October 28, 1988
53. Decision from Land
Court on easement by necessity claim, Taylor v. Vanderhoop, Land Court
misc. case no. 129925, Justice Robert V. Cauchon, July 19, 1989, with
relevant registration plans
54. Plans of Land in Gay Head
prepared for the Wampanoag Tribal Council of Gay Head, Inc., Scale:
1"= 100'; September 26, 1989; prepared by Schofield Brothers, Inc.,
Vineyard Haven, MA, 3 sheets, Registry Case File No. 93
55. Plan of Land in Gay
Head prepared for Rebecca J. Cournoyer and Mary E. Cournoyer, Scale:
1"= 80'; September 4, 1990; prepared by Vineyard Land Surveying,
Vineyard Haven, MA, Registry Case File No. 101
56. Photograph of Hariph's
Creek, circa 1887, Martha's Vineyard Landscapes: The Nature of Change,
by Peter W. Dunwiddie, published by the Vineyard Conservation Society
and Peter W. Dunwiddie, 1994, Page 54
57. Affidavits relating to
application for preliminary injunction in Vineyard Conservation Society,
Inc. v. Broscheit, Dukes County Superior Court civil action no. 97-0028
58. Plans of Land in Gay
Head prepared for David H. Smith & South Shore Beach, Inc., Scale:
1"= 40'; December 31, 1997; prepared by Schofield Brothers, Inc.,
Vineyard Haven, MA, Registry Case File No. 136
59. Letter from Bernard
E. McCourt, MassHighway District Director to James J. Decoulos regarding
layout of State Road in Gay Head, December 18, 2001
60. Plan showing Moshup
Trail to State Road along Zack's Cliffs Road, Set-Off Lot Delineations,
Aquinnah, Massachusetts, June 3, 2002
61. Composite Development,
Map 3, Town of Aquinnah, prepared by the Massachusetts Executive Office
of Environmental Affairs, March 22, 2002
62. Excerpt of deposition of
Jeffrey L. Madison, pages 146-152, May 28, 2003
63. Plan of Existing Wetland
Resources, Moshup Trail, Aquinnah, Massachusetts, Scale: 1"= 100';
prepared by Decoulos & Company, May 9, 2008
64. Excerpt of deposition of
John J. Decoulos, pages 23-25, August 27, 2008
65. Plan of Land in Gay
Head, known as the "Red Gate Farm", prepared for Caroline
B. Kennedy, Rose Kennedy Schlossberg, Tatiana C. Kennedy Schlossberg
and John B. Kennedy Schlossberg, Scale: 1"= 250'; April 15, 2008,
5 Sheets; prepared by Schofield Brothers, Inc., Vineyard Haven, MA,
Land Court registration case no. 39760B.
66. Excerpt of deposition of James J. Decoulos, pages 25-29, October
30, 2008
67. Aquinnah Overlay Zoning Map,
prepared by the Martha's Vineyard Commission, November 3, 2008
68 - 74. Exhibits submitted
by defendant Vineyard Conservation Society, Inc. which include:
- a certified copy of the Plan of Gay Head showing the Petition of
the Common Lands as made by Joseph T. Pease and Richard L. Pease, Commissioners
appointed by the Judge of the Probate Court under Section 6 of Chapter
213 of the Acts of 1870, by John H. Mullin; on file with the Probate
Court;
- excerpts from the History of Martha's Vineyard, Dukes County, Charles
Edward Banks, published by the Dukes County Historical Society, 1966;
- excerpts from the North American Review, Miscellaneous Journal, Volume
Fifth, published by Cummings and Hilliard, 1817;
- House Document 46 of 1849 - Report of the Commissioners, appointed under
the Resolve of the Legislature, passed on the 10th of May, 1848 to "visit
the several tribes, and parts of tribes, of Indians, remaining within
this Commonwealth, to examine into their condition and circumstances,
and report to the next Legislature what legislation, in their opinion,
is necessary in order best to promote the improvement and interests of
said Indians";
- House Document 48 of 1856 - Report to establish the boundary line
between the town of Chilmark and the District of Gay Head;
- Chapter 184 of the Acts of 1862 - An Act concerning the Indians of
the Commonwealth;
- First three pages of the Report filed by Commissioners Joseph T.
Pease and Richard L. Pease acting under the decree of the Probate Court
to divide the common lands; recorded at the Registry in Book 65, Pages
150 - 152 (same as Exhibit 21).
75 - 81. Exhibits submitted
by plaintiffs Maria A. Kitras and James J. Decoulos which include:
- Town of Aquinnah's Answers to Interrogatories in the case of Frangos
v. Town of Aquinnah, U.S. District Court, docket no. 03-CV-11159-MLW,
March 4, 2003;
- Self-Help Program Agreement between the Town of Gay Head and the
Commonwealth of Massachusetts to protect 20 +/- acres of land along
Moshup Trail, March 14, 1996, recorded at the Registry in Book 672,
Page 436;
- Deed from MacDonald Haskell to the Town of Gay Head conveying Lot
549 and the northerly part of Lot 550, March 15, 1996, recorded at the
Registry in Book 673, Page 439;
- Application for Self-Help Program, Moshup Trail, SH #2, made by the
town of Gay Head to the Massachusetts Division of Conservation Services,
dated May 28, 1995;
- Deed from David W. Flanders and Frances C. Flanders to the Vineyard
Conservation Society, Inc. and the Edey Foundation Nominee Trust conveying
Lot 556, April 3, 1996, recorded at the Registry in Book 674, Page 57;
- Deed from the Vineyard Conservation Society, Inc. and the Edey Foundation
Nominee Trust to the Town of Gay Head conveying Lot 556, July 22, 1996,
recorded at the Registry in Book 688, Page 102;
- Progress Report to the Friends of the Moshup Trail Project, a public
and private partnership including the Gay Head Conservation Commission,
the Gay Head Planning Board, the Sheriff's Meadow Foundation and the
Vineyard Conservation Society to protect and preserve Gay Head's Moshup
Trail.
82 . Deeds prepared by Commissioner
Charles Marston "to examine and fully and finally to determine
all boundary lines between the individual owners of land located in
the Indian District of Gay Head, in the county of Dukes County, and
also to determine the boundary line between the common lands of said
district and the individual owners adjoining said common lands"
recorded at the Registry in Book 49, Pages 1 thru 39, March 13, 1866
83. Deeds prepared by Commissioner Richard L. Pease "to examine
and fully and finally to determine all boundary lines between the individual
owners of land located in the Indian District of Gay Head, in the county
of Dukes County, and also to determine the boundary line between the
common lands of said district and the individual owners adjoining said
common lands" which define Lots 1 thru 173 and are recorded at
the Registry in Book 49, Pages 89 thru 198. Lots
1 thru 89 and Lots
90 thru 173
84. Deeds prepared by Commissioners Joseph T. Pease and Richard L. Pease
to complete the Division and Set Off of the Common Lands pursuant to
Chapter 213, Section 6 of the Acts of 1870. Lots
174 thru 190; Lots 191
thru 510; and Lots 511
thru 736.
85. Set off of lands
in Chappaquiddick, 1850
86. Map of Gay Head cited in the
1871 Report by Commissioner Richard L. Pease, recorded at the Registry
in Plan Book 5, Plan 34
Photographs
Google Earth overlay plan images