Plaintiffs, Kevin P. Boivin, also known as Kevan P. Boivan; Lorraine Y. Boivin, also known as Lorraine Y. Boivan; and Debra Campagna, commenced this case on July 28, 2009, seeking a declaratory judgment, pursuant to G.L. c. 231A, § 1, regarding the rights of the parties in a parcel of real property, known as and numbered 208 North End Boulevard in Salisbury (Property), owned of record by Defendant Rachel M. Beckman. [Note 2] Defendant answered the Complaint on August 27, 2009.
On August 7, 2009, Plaintiff filed a Motion for Endorsement of Lis Pendens. Defendant opposed the motion on September 9, 2009. At oral arguments on the motion, counsel for Plaintiffs agreed that a temporary order restraining the sale or conveyance of the property would be sufficient relief. Accordingly, on September 24, 2009, the court (Trombly, J.) issued a temporary restraining order enjoining Defendant from interfering with the alleged right of the Boivins and Ms. Campagna from using the Defendants property to park one (1) car from each of the two households in the area identified as Parking Easement on Land Court Plan number 3200-185.
On September 9, 2009, Defendant filed a Special Motion to Dismiss the Complaint. Plaintiff opposed the Special Motion to Dismiss on September 15, 2009. The motion was argued before the court on September 16, 2009, and taken under advisement.
After careful consideration of all of the evidence, the court issued an Order today, ruling that the Complaint is frivolous.
In accordance with that Order, it is hereby:
ADJUDGED and ORDERED that the Complaint be and is hereby DISMISSED.
By the court (Trombly, J.).
Deborah J. Patterson
Dated: November 3, 2009
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.
[Note 2] Plaintiffs filed a Verified Complaint on July 31, 2009.