TOWN OF WINCHENDON v. DILLON INVESTMENTS, LLC

On March 15, 2007, the Town commenced the instant action by filing a two-count complaint and a motion for preliminary injunction, seeking conveyance of property (Dillon Property) in Winchendon then owned by Dillon Investments, LLC (Dillon). Count I of the complaint is a claim for specific performance under G. L. c. 185, § 1 (k). In Count II, the Town seeks a declaratory judgment that Dillon must convey the Dillon Property to the Town for the purchase price of $1,200,000.00, less customary closing adjustments.

On April 6, 2007, this court granted the Town’s motion for preliminary injunction, ordering Dillon to convey good clear, marketable title in the Dillon Property to the Town for the purchase price of $1,200,000.00, less customary closing adjustments. This court further ordered that following closing, the Town could not convey the Dillon Property or any part thereof or encumber it or any part thereof, nor could it commit any waste thereof, until final judgment was entered in this action. In accordance with the preliminary injunction, Dillon conveyed the Dillon Property to the Town, by two deeds dated April 26, 2007, recorded with the Worcester County Registry of Deeds on April 27, 2007, in Book 41060, at Pages 12 and 23, subject to the terms of the preliminary injunction order, recorded therewith.

A decision of today’s date has issued in favor of the Town. In accordance with the decision, it is

ADJUDGED and DECLARED that Dillon must convey the Dillon Property, as described in the decision, to the Town for a purchase price of $1,2000,000.00, less customary adjustments at closing; it is further

ADJUDGED and ORDERED that the provisions of a preliminary injunction order of the Land Court dated April 6, 2007, which prohibit the Town from conveying or encumbering the Dillon Property or any part thereof, or from committing waste thereto, are null and void and of no further force and effect; and it is further

ADJUDGED and ORDERED that a certified copy of this judgment shall be recorded with the Worcester County Registry of Deeds, marginally referenced to the deeds to the Dillon Property described above.

By the court. (Scheier, C.J.)