RICHARD E. SWAN, SHARON D. SWAN, RUTH D. TURSKI, and PATRICIA CAHILL v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

This action commenced in this court September 19, 2005. At issue is the validity and effect (as to land in East Bridgewater, Plymouth County, now or formerly owned by the plaintiffs Richard E. Swan, Sharon D. Swan, Ruth D. Turski and Patricia Cahill) of an order of taking (“Order of Taking”), number 482, voted by the defendant Massachusetts Bay Transportation Authority on June 27, 1996.

This case came on to be heard on cross motions of the parties for summary judgment. In a decision dated July 6, 2009, the court (Piper, J.) granted the defendant’s motion for summary judgment, and denied the plaintiffs’. The same day, judgment entered. After disposition of post- judgment motions, plaintiffs noticed their appeal to the Appeals Court.

The judgment was reviewed on appeal by the Appeals Court, which after considering that appeal, No. 2011-P-0202, remanded this action to this court for further proceedings consistent with the memorandum and order of the Appeals Court’s panel, dated June 25, 2012, issued by it pursuant to its Rule 1:28.

This case came on to be tried to the court (Piper, J.), which, in a decision of even date, has made findings of fact and rulings of law.

In accordance with the court’s decision issued today, it is

ORDERED and ADJUDGED that the plaintiffs filed this lawsuit beyond the time limit established by applicable statute of limitations, that this action is time-barred, and that it is to be dismissed. It is further

ORDERED and ADJUDGED that the plaintiffs lack standing to assert the invalidity or ineffectiveness, as to them and their land, of the Order of Taking; consequently, this action is to be dismissed; the defendant Massachusetts Bay Transportation Authority holds its rights by and under the Order of Taking in and to the land described therein free of any right or claim of or by the plaintiffs to the effect that the Order of Taking is invalid or ineffective as to the plaintiffs and their land. It is further

ORDERED and ADJUDGED that this action is in its entirety DISMISSED. It is further

ORDERED and ADJUDGED that no damages, costs, fees or other amounts are awarded to any party.

By the Court,