Home HARVEY GORDON and KAREN GORDON v. JEFFREY M. LIBER and JANE M. LIBER

MISC 07-364640

May 20, 2011

NORFOLK, ss.

Trombly, J.

JUDGMENT [Note 1]

This action was commenced by Harvey Gordon and Karen Gordon (“Plaintiffs”) on December 27, 2007 seeking to determine their rights as owners of land known and numbered as 3 Welcome Lane in Wrentham to use a certain way known as Welcome Lane for access to and from their property, including in part a section over land of the Defendants herein. After Plaintiffs’ motion for judgment on the pleadings and/or for summary judgment was denied after a hearing, the action was set down for trial. Trial was, in fact, held on June 2, 2010, at which six witnesses testified and twenty-one exhibits were introduced into evidence. A Decision has entered today, finding and ruling that Plaintiffs have no such easement to access their property, shown as Lot 7A on a plan described more fully in the Decision. In accordance with that Decision, it is

ORDERED and ADJUDGED that Plaintiffs have no right to access Lot 7A over Welcome Lane as shown on a plan attached to the Decision, said plan being entitled “Plan of Land on Creek Street, Wrentham, Mass.”, drawn by Neil J. Murphy & Assoc., Inc., Dated May 25, 2001, revised April 9, 2002, revised July 22 & 24, 2002, and having been recorded in the Norfolk County Registry of Deeds in Plan Book 498, Page 453. It is further

ORDERED and ADJUDGED that this action be, and is hereby, dismissed with prejudice.

By the Court. (Trombly, J.)


FOOTNOTES

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