TOWN OF BROOKFIELD, by and through its CEMETERY COMMISSION v. DOUGLAS J. KRUZEWSKI and JOSEPH SPADEA

Plaintiff, the Town of Brookfield, by and through its Cemetery Commission, commenced this case on February 27, 2007, seeking a declaratory judgment, pursuant to G.L. c. 231A, § 1, that an agreement, by which Plaintiff conveyed to Defendant, Douglas J. Kruzewski, Lots 9-16 in section D of the Brookfield Cemetery, is void and that an agreement, by which Plaintiff conveyed to Defendant, Joseph Spadea, Lots 17-24 in section D of the Brookfield Cemetery, is likewise void.

On application by the Plaintiff, the Court (Trombly, J.) granted a preliminary injunction on March 9, 2007, enjoining Defendants from constructing any monument on, internment in, or other use of their cemetery lots, during the pendency of this litigation.

On August 31, 2009, the Court took a view of the property. Trial was held the same day in a courtroom of the East Brookfield District Court. Stenographer, Kathleen M. Bradley was sworn to take the testimony. Plaintiff filed a Motion in Limine, which the Court denied. Exhibits 1-10 were admitted into evidence. On January 15, 2010, Plaintiff and Defendants each filed a Post-Trial Brief.

After careful consideration of all of the evidence, the Court issued a Decision today, ruling that the Cemetery Deeds to the Defendants of Cemetery lots are neither void nor voidable by Plaintiff and ruling further that the Price Lists are not valid regulations, governing the size and location of monuments on cemetery lots and, therefore, that Defendants are not limited in that regard.

In accordance with that Decision, it is hereby:

ADJUDGED and ORDERED that the deed dated September 6, 1994, by which the Town of Brookfield conveyed to Defendant, Douglas J. Kruzewski, Lots 9-16 in section D of the Brookfield Cemetery is valid;

ADJUDGED and ORDERED that the deed dated September 6, 1994, by which the Town of Brookfield conveyed to Defendant, Joseph Spadea, Lots 17-24 in section D of the Brookfield Cemetery is valid; and it is further

ADJUDGED and ORDERED that there are no regulations of the Brookfield Cemetery Commission, restricting the size or location of monuments which may be placed on the Defendants’ cemetery lots.

By the Court (Trombly, J.).

Attest:

Deborah J. Patterson

Recorder

Dated: January 26, 2010