Home TOWN OF PEMBROKE v. JOHN J. GUMMERUS and INGRID LOWERY, As Trustees of The Hill/Gummerus Farm Nominee Trust

MISC 311622

July 15, 2008


Piper, J.


This action commenced in this court July 25, 2005. The plaintiff, Town of Pembroke (“Town”), filed an amended complaint on August 15, 2005.

The defendants in this action, Ingrid Lowery and John J. Gummerus, are trustees and equal beneficiaries of Hill/Gummerus Farm Nominee Trust (“Trust”). The trustees of the Trust own of record the property located on Valley and Birch Streets in Pembroke, Massachusetts (“Property”) which is the land more particularly described in the decision of the court, referenced below.

On April 9, 2004, Lowery entered into a Purchase and Sale agreement (“Agreement”) with the trustee of the Double J. Realty Trust. In this action, the Town seeks judgment declaring that the Town, acting pursuant to the proper exercise of its statutory rights under G.L. c. 61A, §14, is entitled to purchase the Property at the same purchase price and on the same terms set forth under the Agreement.

This case came on to be tried to the court (Piper, J.) which, in a decision of even date, has made findings of fact and rulings of law.

In accordance with the court’s decision issued today, it is

ORDERED, ADJUDGED and DECLARED that: the plaintiff Town materially breached the Agreement, the defendants did not materially breach the Agreement, the plaintiff is not entitled to specific performance of the Agreement, and that the defendants as trustees of the Trust hold title to the Property free of any obligation to the Town under the Agreement. It is further

ORDERED and ADJUDGED that the plaintiff Town take nothing on its complaint, as amended.

By the Court. (Piper, J).