Home LAWRENCE OWENS and PATRICIA OWENS, as Trustee of the LAMO 2010 REALTY TRUST v. RICHARD BUCCHERI, SR., individually and as Trustee of the SPIRIT REALTY TRUST, and DAVID CHU and ROSA CHU, as Trustees of the 1238 BEDFORD STREET REALTY TRUST [Note 1]

MISC 08-381597

August 3, 2016

Plymouth, ss.

SPEICHER, J.

JUDGMENT AFTER RESCRIPT

This action commenced on June 16, 2008. After trial, the court (Grossman, J.), issued a decision declaring on Count I that the plaintiffs had established title by adverse possession to the disputed area, and dismissed other claims of the plaintiffs relating to trespass and nuisance. After appeal, the Appeals Court issued a rescript, dated March 31, 2016 and entered on the docket of this court on May 2, 2016, ordering as follows: “The portion of the judgment concluding that the plaintiffs established adverse possession to the disputed area is affirmed. The portion of the judgment denying the plaintiffs’ entitlement to damages on their nuisance claim is also affirmed.

The rest of the judgment is vacated and the matter is remanded for further proceedings on the plaintiffs’ trespass and trespass to trees claims.” In accordance with the order of the Appeals Court, this court (Speicher, J.) conducted further proceedings, and in a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court’s decision, it is

ORDERED and ADJUDGED that on Count II of the Verified Complaint, seeking damages for trespass, the plaintiffs shall recover from the defendant Richard Buccheri, Sr., individually and as trustee of Spirit Realty Trust, $13,545.00, plus interest and costs, and it is further

ORDERED and ADJUDGED on Count IV of the Verified Complaint, seeking damages for trespass to trees pursuant to G. L. c. 242, §7, the plaintiffs shall recover from the defendant Richard Buccheri, Sr., individually and as trustee of Spirit Realty Trust, $37,882.00, plus interest and costs, and it is further

ORDERED that today’s decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense.

By the Court

FOOTNOTES

[Note 1] At the time the Verified Complaint was filed, Robert Buccheri, Trustee of Spirit Realty Trust, and Richard Buccheri, Sr., were the only defendants. Upon the sale of the subject property, the new owners were added as defendants, but the original defendants remained as defendants with respect to the counts other than Count I for Declaratory Judgment. Richard Buccheri, Sr., who was originally sued only in his individual capacity, became trustee of the Spirit Realty Trust in place of his brother Robert Buccheri during the pendency of this action.