UNISTAR PROPERTIES, LLC v. ROMAN CATHOLIC ARCHBISHOP OF BOSTON and DOES I through X
Long, J.
Plaintiff Unistar Properties, LLC (Unistar) brought this action seeking to quiet title to property located at 340 East Street in Uxbridge. The property at issue is located to the east of East Street and to the north of Kempton Road (the disputed parcel). Defendant Roman Catholic Archbishop of Boston (RCAB) has now moved for summary judgment, claiming that it holds title to the disputed parcel. [Note 1] Unistar opposes that motion, claiming that (1) the December 16, 1960 deed from John and Mary Kottis to Patrick and Selina Davis upon which RCAB relies is ambiguous; (2) there is a genuine issue as to whether or not the Kottises intended to convey the property to the Davises; and (3) extrinsic evidence suggests that the Kottises did not intend to convey the property to the Davises.
For the reasons set forth in the courts Memorandum and Order on Defendant Roman Catholic Archbishop of Bostons Motion for Summary Judgment of this date, I find and rule that the deed is clear and unambiguous and RCAB holds title to the disputed property, free and clear from the claims of Unistar. RCABs motion for summary judgment is thus ALLOWED.
SO ORDERED.
By the court (Long, J.)
FOOTNOTES
[Note 1] Unistar named defendants Doe I through Doe X, stating that [t]he true names or capacities, whether individual, corporate, associate, or otherwise, of defendants named herein as Doe I through Doe X are unknown to the Plaintiff, who sues Defendants by such fictitious names, and the Plaintiff will amend this Complaint to show their true names and capacities when the same have been ascertained. Complaint to Quiet Title Against Known and Unknown Defendants at 2 (May 12, 2006). The Does were never identified, the complaint was never amended, and service was never made. RCAB was the only defendant to file an answer to Unistars complaint.