JOSEPH W. HIGGINBOTTOM, JR. v. CITY OF BOSTON.

Joseph W. Higginbottom, Jr. (Higginbottom) filed his complaint in this action on April 23, 2001. A preliminary injunction was entered on May 4, 2001. Higginbottom filed his amended complaint on December 7, 2012. Higginbottom’s amended complaint is a claim for title by adverse possession to three parcels of land taken by the defendant City of Boston (City) for nonpayment of taxes.

The City’s Motion for Summary Judgment and Higginbottom’s Cross-Motion for Summary Judgment came on to be heard on April 29, 2014. In a Memorandum and Order on Cross-Motions for Summary Judgment of even date, the court (Foster, J.) has denied the Motion for Summary Judgment and allowed the Cross-Motion for Summary Judgment.

In accordance with the court’s Memorandum and Order on Cross-Motions for Summary Judgment issued today, it is

ORDERED, ADJUDGED and DECLARED that Higginbottom holds title by adverse possession to all the land consisting of the property known and numbered as 136 Thornton Street, Boston, Suffolk County, Massachusetts, as more fully described in the Instrument of Taking dated August 1, 1975 and recorded in the Suffolk County Registry of Deeds (registry) at Book 8811, Page 178, on August 15, 1975. It is further

ORDERED, ADJUDGED and DECLARED that Higginbottom holds title by adverse possession to all the land consisting of the property known and numbered as 144 Thornton Street, Boston, Suffolk County, Massachusetts, as more fully described in the Instrument of Taking dated June 18, 1976 and recorded in the registry at Book 8888, Page 612, on July 16, 1976. It is further

ORDERED, ADJUDGED and DECLARED that Higginbottom holds title by adverse possession to all the land consisting of the property known and numbered as 146 Thornton Street, Boston, Suffolk County, Massachusetts, as more fully described in the Instrument of Taking dated June 18, 1976 and recorded in the registry at Book 8888, Page 611, on July 16, 1976. It is further

ORDERED, ADJUDGED and DECLARED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded at the registry and marginally referenced on all relevant documents.

By the Court.