Plaintiff, Sprocket Realty, LLC (Sprocket), filed this appeal pursuant to G. L. c. 40A, § 17, on October 13, 2010, appealing from a decision (Decision) of the Town of Agawam Zoning Board (Board). The Decision granted a special permit to Wendys International (Wendys), allowing it to operate a restaurant with drive-through service windows at 1340 Springfield Street, Agawam, on property owned by Coyote Realty, LLC (Coyote). Plaintiffs challenge to the Decision is based solely upon Plaintiffs claim that it has prescriptive rights of access and parking on and over a portion of the Coyote property. The complaint also seeks to establish prescriptive easements.
Defendant Board members filed an answer on November 5, 2010, asserting various affirmative defenses and a counterclaim pursuant to G. L. c. 231, § 6F. Both Coyote and Wendys filed Answers that include several affirmative defenses with Coyotes Answer including counterclaims regarding slander of title, interference with a business relationship, and violation of G. L. c. 93A, in addition to a claim under G. L. c. 231, § 6F. [Note 1]
A two-day trial was held on September 26 and 27, 2011, with the first day of trial held at Westfield District Court and the second day held in Boston. A decision of todays date in Defendants favor has issued. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that Plaintiff Sprocket Realty, LLC does not have prescriptive easements for access or parking on and over any portion of the Coyote Realty Property, known as and numbered 1340 Springfield Street, Agawam and that Coyotes holds its title to the property at 1340 Springfield Street free of any easement or other right of Plaintiff or those holding by, through, or under Plaintiff; It is further
ADJUDGED and ORDERED that Defendant Coyote did not commit trespass as a result of removing asphalt from the portion of its property over which Plaintiff claimed easement rights; it is further
ADJUDGED and ORDERED that the Agawams Zoning Board Decision No. 1869, granting Wendys International a special permit to operate a restaurant with drive-through service windows at 1340 Springfield Street, Agawam, on property owned by Coyote Realty, LLC, is affirmed. It is further
ADJUDGED and ORDERED that the counterclaims asserted by the Zoning Board and Coyote Realty, LLC are beyond the jurisdiction of this court and are dismissed without prejudice. [Note 2]
By the court (Scheier, C.J.)
[Note 1] In its Answer, Wendys clarified, without opposition that Wendys Old Fashioned Hamburgers of New York, Inc., is the proper Defendant although Wendys International was the applicant in front of the Board.
[Note 2] Both the Zoning Board and Coyote asserted counts under G. L. c. 231, § 6F, which, under the statute do not ripen until judgment enters.