Plaintiffs Robert C. Stimson and Cynthia J. Stimson (the "Stimsons") filed their Verified Complaint on September 25, 2007, seeking 1) pursuant to G. L. c. 260, § 1, to require Defendant Benjamin H. Hammer ("Hammer") to try title relative to rights in Melville Walk, Alice Walk and a beach (the "Beach") at the end of Melville Walk, 2) a declaratory judgment pursuant to G. L. c. 231A, relative to rights in Melville Walk and the Beach, 3) slander of title, and 4) trespass by Hammer on Melville Walk and the Beach. On the same day the Stimsons filed an application for Preliminary Injunction to prohibit Hammer from using Melville Walk, Alice Walk and the Beach. By Order dated October 10, 2007, this court denied the Stimson's Motion for Preliminary Injunction. Hammer filed his Answer on November 8, 2007. [Note 1] A case management conference was held on November 14, 2007. The Stimsons filed an Amended Complaint on July 16, 2008, adding Michael and Mary Donahue (the "Donahues") as Plaintiffs, and deleting the counts relative to try title, slander of title and trespass. [Note 2], [Note 3] Hammer filed his Answer to the Amended Complaint on August 5, 2008.

The Stimsons filed a Motion for Partial Summary Judgment on February 15, 2008. [Note 4] A hearing was held on the motion on April 29, 2009, at which time the motion was denied because of material facts at issue. On June 3, 2009, the Stimsons and the Vanzuras (as hereinafter defined) filed a Joint Motion to Dismiss Counts I, III and IV of the original Verified Complaint, and to substitute Cedric and Elizabeth Vanzura (the "Vanzuras") for the Stimsons. [Note 5] The motion was heard and allowed on June 16, 2009. Hammer filed his Cross-claim of Prescriptive Rights to Melville Walk and the Beach on September 14, 2009. [Note 6] The Venzuras filed their Answer on December 2, 2009, and the Donahues filed their Answer on December 4, 2009. A pre-trial conference was held on February 10, 2010. A site view and a trial in the Hingham District Court were held on June 3, 2010. At the trial, the Vanzuras and the Donahues ("Defendants") argued a Motion for a Directed Verdict, which this court denied. Defendants filed their post-trial briefs on September 13, 2010, and Hammer filed his post-trial brief on September 14, 2010, and at that time the matter was taken under advisement. A decision of today's date (the "Decision") has been issued.

In accordance with the Decision, it is:

ORDERED and ADJUDGED that Hammer and his predecessors' recreational beach uses of the Beach were open and notorious use for beach purposes.

ORDERED and ADJUDGED that Hammer and his predecessors' use of the Beach was adverse to Defendants.

ORDERED and ADJUDGED that Hammer and his predecessors did not establish use of the Beach, Alice Walk or Melville Walk for a period of twenty years.

ORDERED and ADJUDGED that Hammer is unable to prove prescriptive rights in the Beach, Alice Walk or Melville Walk.

By the court. (Sands, J.)

Attest:

Deborah J. Patterson

Recorder

Dated: December 31, 2010