This action commenced on February 22, 2005 with the filing of a complaint by the trustees of the 330 Beacon Street Condominium (Trustees) seeking a declaratory judgment as to who has rights to park in a certain parking space in the garage of the condominium, located at 330 Beacon Street in Boston, Suffolk County, Massachusetts. The Trustees, Defendant Michael Lesburg (Lesburg), and defendants Susan M. Najjar and Elizabeth A. Najjar (collectively, Najjar) each claim the parking space as their own. Additionally, the Najjars object to assessments for common expenses related to the parking garage because, although included in the common elements of the condominium, the garage is used exclusively by a limited number of unit owners.
This case came on to be heard initially by the court on cross motions for partial summary judgment. The court issued an Order on Cross Motions for Partial Summary Judgment on July 7, 2009, see Babson v. Lesburg, 17 LCR 448 (2009) (Misc. Case No. 05 MISC 306777) (Piper, J.); 2009 WL 1929195. After further proceedings, this case came on to be tried to the court, and to be heard on further motion for partial summary judgment, and a motion to dismiss certain counterclaims. In a decision of even date, the court (Piper, J.) has ruled on the pending motions for summary judgment and to dismiss, and has rendered its findings of fact and rulings of law on all issues outstanding in this litigation.
In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the counterclaim of Lesburg seeking damages for intentional interference with an advantageous relationship is DISMISSED without prejudice. It is further
ORDERED, ADJUDGED and DECLARED that the so-called parking license, described in Section 4 (f) of the Master Deed as the right of certain of the Unit Owners [to] have a license for the exclusive use of one (1) or more parking spaces, as described in the Unit Deeds, the location of which shall be designated from time to time by the Trustees of 330 Beacon Street Condominium Trust[,] which Master Deed originally recorded at Suffolk Registry of Deeds in Book 8706, Page 194, set forth in, is in the nature of a license and not an easement. It is further
ORDERED, ADJUDGED and DECLARED that the attempt by Michael Lesburg to convey Unit 36 separate from the license to use one parking space within the indoor parking garage was not prohibited by G.L. c. 183A, nor any applicable principle of property law in the Commonwealth, nor did it cause a dilution of the .8622 percent undivided ownership interest in the common areas of the condominium associated with Unit 36, nor any impermissible division or appropriation of common elements. It is further
ORDERED, ADJUDGED and DECLARED that the deed of Unit 36 of the 330 Beacon Street Condominium, from Lesburg to the Najjars, dated September 25, 2002, and recorded in the Suffolk County Registry of Deeds at Book 29430, Page 18, did not convey to the Najjars as unit owners any license to exclusive use of (or any other right or title in or to) any parking space with the indoor parking garage of the Condominium. It is further
ORDERED and ADJUDGED that the counterclaims of Lesburg against the Najjars seeking damages for breach of contract and unjust enrichment are moot in light of the courts determination that Najjars hold no interest in the disputed parking space. It is further
ORDERED, ADJUDGED and DECLARED that the license to exclusive use of Parking Space 4 is held by Susan Lesburg in her capacity as Trustee of One Forty-Six Trust. It is further
ORDERED, ADJUDGED and DECLARED that defendant Susan Lesburg is entitled to all the proceeds and monies generated by Parking Space 4, including those held in an escrow account as reported to the court, in her capacity as Trustee of One Forty-Six Trust. It is further
ORDERED and ADJUDGED that no damages, costs, or attorneys fees are awarded to any party.
By the Court. (Piper, J).
CESAR HERNANDEZ, SHERLEY GARDNER SMITH, SUSANNE GOLDSTEIN, LINDA GREYSER, MARVIN SCHORR and RICHARD CANZANO, as Trustees of 330 Beacon Street Condominium Trust v. MICHAEL C. LESBURG, SUSAN M. NAJJAR and ELIZABETH A. NAJJAR. SUSAN LESBURG, in her capacity as Trustee of the One Forty-Six Trust, Defendant-Intervenor. SUSAN M. NAJJAR and ELIZABETH A. NAJJAR v. MICHAEL C. LESBURG; and CESAR HERNANDEZ, SHERLEY GARDNER SMITH, SUSANNE GOLDSTEIN, LINDA GREYSER, MARVIN SCHORR and RICHARD CANZANO as Trustees of 330 Beacon Street Condominium Trust