This case came to be heard on Defendants’ Motion for Summary Judgment and on the Plaintiff’s Cross Motion for Summary Judgment, pursuant to Mass. R. Civ. P. 56 (b). An Order Allowing the Defendants’ Motion was entered this day wherein this court determined that Defendants’ own a fee interest to the mid-point [Note 1] of Spruce Court as it abuts the Defendants’ properties, and that the Defendants have the concomitant right to park their vehicles on that portion of the way. At the same time, this court entered an Order Denying Plaintiff’s Cross Motion insofar as it determined that the Defendants’ parking on the said northerly portion of Spruce Court as it abuts their properties, constitutes neither a trespass nor a nuisance.

In accordance therewith, it is hereby

ORDERED and ADJUDGED that the complaint be, and hereby is, dismissed.

By the Court. (Grossman, J.)

Attest:

Deborah J. Patterson

Recorder

Dated: March 17, 2010.