MISC 08-380131

April 5, 2011


Trombly, J.


The Town of Wayland (“Town”) filed a complaint with this court on May 12, 2008 seeking a determination of its rights pursuant to G. L. c. 61B in a parcel of property having an address of 41 River Road in that Town. Specifically, the Town sought a declaratory judgment, pursuant to G. L. c. 231A, that it had a right of first refusal under G. L. c. 61B to purchase approximately twelve acres of that land, which is currently owned by Defendant Dean Crescitelli (“Crescitelli”). Answers were filed by Mr. Crescitelli and by Defendant, former owner Eleanor A. Blaquere, disputing the Town’s claims.

On January 6, 2011, Crescitelli filed a motion for summary judgment. The Town filed its opposition and a cross-motion for summary judgment on February 18, 2011. In response, Crescitelli filed an opposition to the Town’s cross-motion for summary judgment on March 3, 2011. A hearing on the summary judgment motions was held on March 18, 2011. Although properly noticed on all motions and oppositions, Blaquere did not participate in any way in the summary judgment proceedings, although her attorney was present at the hearing

An Order was entered this date wherein this court determined that the Defendants are entitled to summary judgment because there has been no conversion of the property’s use which would trigger the Town’s right of first refusal pursuant to G. L. c. 61B, § 9. It was also determined that the filing and recording of a Declaration of Homestead by Mr. Cresccitelli did not trigger such a right. Accordingly, for reasons set forth in that Order, it is

ORDERED, ADJUDGED and DECLARED that the Town of Wayland’s right of first refusal in the subject property was not triggered either by any acts of the Defendants constituting a conversion of the use thereof or by the filing of the Declaration of Homestead; and it is further

ORDERED and ADJUDGED that Defendant’s Motion for Summary Judgment is allowed and Plaintiff’s Motion for Summary Judgment is denied; and it is further

ORDERED and ADJUDGED that the complaint be and is hereby dismissed with prejudice.

By the Court. (Trombly, J.)


[Note 1] Unless otherwise indicated, all terms used in this Judgment carry the same definitions as employed in the Order entered today.