In this action, commenced April 9, 2009 with the filing of a complaint by Kathryn Spencer, Alison Childs, Mark A. Girard, and Cheryl J. Girard ("Plaintiffs"), Plaintiffs seek to enforce a restriction ("Restriction") in a deed of property at 7 North Street, Montague, Franklin County, Massachusetts, from Alison Childs ("Childs") and Child's father, David L. Childs, to Defendant Gabrielle E. Slavin ("Defendant"), which deed is recorded with the Franklin County Registry of Deeds ("Registry") at Book 3575, Page 318. Plaintiffs request declaratory judgment under G. L. c. 231A and G. L. c. 184, § 27(b)(2) and equitable relief under G. L. c. 185, § 1(k).
This case came on for hearing on the Defendant's motion for summary judgment. In a decision of even date, the court (Piper, J.) has granted the Defendant's motion for summary judgment, and denied summary judgment to the Plaintiffs. The court has ruled that the Plaintiffs are not benefitted parties within the meaning of G. L. c. 184, § 27, and are unable to enforce the Restriction. The court also has ruled that the Restriction cannot be reformed judicially to render the Restriction enforceable by the Plaintiffs.
In accordance with the court(s Decision issued today, it is
ORDERED, ADJUDGED, and DECLARED that, pursuant to, G. L. c. 184, § 27, the Plaintiffs lack the ability to enforce the Restriction against Defendant Slavin and her land. It is further
ORDERED and ADJUDGED that Plaintiffs are entitled to no relief under any count of their complaint. It is further
ORDERED and ADJUDGED that no damages, fees, costs or other amounts are awarded to any party.
By the Court. (Piper, J).