This action was filed by Fenmore Associates, LLC (Plaintiff) on February 3, 2010 seeking declaratory judgment that it can convey or lease without restriction the parking spaces in the parking lot of the Fenmore Condominium in Boston by virtue of specific language contained in the master deed establishing the condominium and in a recorded subordination agreement. Defendant filed responsive pleadings contending that Plaintiff has no such rights, that they were improperly reserved in the several documents, and that any such rights, if they ever existed, were extinguished by the foreclosure of the mortgage at issue. Answers were also filed by parties which had purchased or leased parking spaces from Plaintiff or its predecessors in interest.
The case came before the Court on May 20, 2010 on Defendants Motion to Dismiss, Plaintiffs Motion for Summary Judgment on Counts I and II of its complaint, Plaintiffs Cross-Motion for Summary Judgment, and Defendants request for entry of judgment on all counts. A Motion for Lis Pendens and a Motion for Preliminary Injunction involving issuance of a lis pendens or a Certificate Pursuant to G. L. c. 185A, § 6(d) were previously resolved by agreement between the parties.
After careful consideration of all the evidence, the Court issued a Decision today allowing Plaintiffs Motion for Summary Judgment, dismissing Count III, and denying Defendants Motion for Summary Judgment and request that summary judgment be entered in their favor on all counts. In accordance with that Decision, it is
ORDERED, ADJUDGED and DECLARED that the Parking Easement was validly created and reserved, survived the mortgage foreclosure, and still runs in favor of the Plaintiff and its successors, including the interested parties who purchased or leased such parking spaces from them. It is further
ORDERED and ADJUDGED that Defendant Trustees of the Fenmore Condominium Trust and its agent, The Lundgren Management Group, Inc., are restraining and enjoined from taking any action to interfere with Fenmores rights to use, lease or convey said parking spaces.
By the Court. (Trombly, J.)
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.