Plaintiffs initiated this action on March 14, 2008, by filing a seven-count complaint seeking to establish and clarify the parties' rights of ownership and use of two ways shown on a recorded plan of land in Northampton. Defendants' counterclaim sought a declaration that Northern Avenue Homes, Inc. (Northern Homes) and Living City Properties, Inc. (Living City) have an easement over one of the two ways (Unnamed Way), and that Plaintiffs be barred from interfering with Defendants' rights.
Several claims and parties were dismissed from the case before and during trial, leaving for disposition only the claims relating to the use of the Unnamed Way among Plaintiffs Elizabeth C. Waldron, Paul A. Mardas, Stephen B. Hathaway, Marie Hershkowitz and Mary Now, and Defendants, Northern Homes and Living City.
A two-day trial was held July 12 and 13, 2010, at which five witnesses testified in person and one deposition was introduced in lieu of testimony. Fifty-six exhibits and an agreed statement of facts were introduced in evidence. A decision of today's date in favor of Plaintiffs has issued. In accordance with that decision, it is hereby
ADJUDGED and DECLARED that Defendants Northern Avenue Homes, Inc., and Living City Properties, Inc., do not have easement rights of access and egress over the portion of the Unnamed Way, so-called, adjacent to Lots 65, 63, 61, 27, 39, 41, and 43, the properties owned by Plaintiffs Waldron, Mardas, Hathaway, and Hershkowitz, all as shown on a plan of land entitled "Plan of Land, Estate of Mrs. Caroline M. Roberts, dated May 29, 1913, recorded February 17, 1915, with the Hampshire County Registry of Deeds in Book 3, at Page 16" (Plan). It is further
ADJUDGED and ORDERED that Defendants and those acting by, through, or under them, are prohibited from acting in such a way as to interfere with the rights of Plaintiffs to use their Lots shown on the Plan free and clear of any access rights in favor of Defendants.
By the Court (Scheier, C.J.)
ELIZABETH C. WALDRON, PAUL A. MARDAS, STEPHEN B. HATHAWAY, MARIE HERSHKOWITZ, LAWRENCE R. TATRO, KAREN K. TATRO, EILEEN OKANE, and MARY NOW v. TOFINO ASSOCIATES, INC., NORTHERN AVENUE HOMES, INC., LIVING CITY PROPERTIES, INC., and AVETUS VANASSE a/k/a AVETUS G. VANASSE and his HEIRS