Stipulated Judgement

The Stipulated Judgement, which incorporates the Settlement Agreement, is lengthy. It articulates the activities and uses that are Allowed on Enders Island and those that are Prohibited; see below. A complete copy of the Stipulated Judgement in its entirety can be found at:

https://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=29554982

The following language is quoted from the Stipulated Judgment:

1. Allowed Uses. Plaintiffs agree that the following activities and uses may be conducted on Enders Island (“Allowed Uses”), and Plaintiffs shall not object to, file complaints with any government agency (including the Town of Stonington) about, or file civil actions concerning any Allowed Use:

a. Worship in the existing Chapel of our Lady of the Assumption and the Seaside Chapel;

b. Housing in ten single-room occupancy bedrooms in Enders House for religious persons, St. Edmund’s staff, and, as needed and subject to subsection 1(d), Recovery Program residents;

c. Retreat Center for the Retreat, clergy, religious organizations, and organized sponsor-led programs and retreats with a maximum stay of 14 consecutive nights in 27 double-room occupancy bedrooms (currently in St. Michael’s Hall) and utilizing a meeting space for up to 54 people (currently in St. Michael’s Hall). Subject to these limits for retreats, the Retreat may host up to three (3) workshops per year conducted by a Catholic college or university;

d. The existing Residential Recovery Program, which may be comprised of up to 13 participants in a religious-based substance-abuse recovery program on Enders Island;

e. Twelve-Step substance-abuse programs and meetings;

f. Sacred Art Institute activities and programs of up to 25 participants, unless they serve as Large Fundraisers or Medium Fundraisers, in which case the provisions of Section 1(g) apply;

g. Fundraising events for the direct benefit of St. Edmund’s religious activities only. There shall be a maximum of four large events of 100 or more participants (a “Large Fundraiser”) per calendar year, and fundraising events of 50-99 participants (a “Medium Fundraiser”) shall not exceed 12 per calendar year. Fundraising events include without limitation any event offering food or beverage at which a fee is charged, items are offered for sale, or a donation is suggested or requested, including auction items. Parking for fundraising events shall be limited in accordance with Section 1(j), with shuttles for off-site parking when necessary;

h. Dining rooms in Enders House with up to a total of 85 seats may be used in connection with Allowed Uses;

i. Offices may be used to support Allowed Uses but may not be leased to third-parties; and

j. Parking on Enders Island shall be limited to 72 vehicles (except that this limitation shall be 92 vehicles on Sunday mornings during the hours of 8:30 a.m. to 10:30 a.m. from May 1 through September 30 for one Mass open to the public). St. Edmund’s, their directors, officers, employees, consultants, and agents, shall not directly or indirectly solicit, cause, arrange or suggest the use of parking on Masons Island, including at Masons Island Yacht Club’s parking areas, or enter into an agreement for parking on Masons Island including at the Masons Island Yacht Club. Notwithstanding the foregoing, this Section 1(j) shall not apply to the parking of vehicles in the driveways or garages of consenting Masons Island residents.

2. Prohibited Uses. St. Edmund’s shall not conduct the following activities and uses on Enders Island (“Prohibited Uses”):

a. Bed and Breakfast;

b. Outdoor vendors, except in connection with fundraising events allowed in Section 1;

c. Outdoor concerts, except in connection with fundraising events allowed in Section 1;

d. Public Recreation/Public Park. Enders Island is not a park or place of public recreation, including passive recreation. Accordingly, St. Edmund’s shall not engage in any advertising, promotion, invitations, or mentioning of Enders Island as open to the general public, for public recreation, including passive recreation, or as a park. St. Edmund’s shall not submit new applications of any kind to use Enders Island as a park or place of public recreation. Notwithstanding this provision, Enders Island shall remain open to any visitors who wish to pursue religious, spiritual reflection on its grounds, as well as attend and participate in any other Allowed Use. Signage reflecting the import of this subsection and as set forth in Exhibit A shall be placed at the entrance to Enders Island and, with the permission of the Masons Island Property Owners Association (“MIPOA”), at the gatehouse near the confluence of Masons Island Road and Chippechaug Trail;

e. Campground or RV Camp;

f. Rental of facilities, including rooms, for non-religious or non-charitable conferences or organizations (e.g., a “Plan your Own Retreat” that is not religious or charitable in nature) and rental for private parties or commercial uses; and

g. Restaurant or bar.

3. All Allowed Uses or other activities at Enders Island shall (1) be solely and exclusively for charitable or religious purposes; (2) have no for-profit purpose or activity, in whole or in part (other than fundraising activities to support St. Edmund’s non-profit operations as restricted herein); and (3) be in strict accord with the Retreat’s October 2003 Certificate of Incorporation.