This action commenced August 17, 2010 with the filing of a complaint by Egidio Diodati and Frances Diodati, (the Diodatis) and Charles Whiting, Jr. and Carla Whiting, (the Whitings) asserting claims with respect to rights of themselves and the defendants Glenn Kohl and Karla Kohl (the Kohls) in Arlington Street in the Chelmsford, Middlesex County.
This case came on for hearing on the Kohls Motion for Summary Judgment and the plaintiffs Cross-Motion for Summary Judgment. In a decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the plaintiffs.
In accordance with the courts decision, it is
ORDERED, ADJUDGED, and DECLARED, on Counts I, III, IV and VII of the third amended complaint, that Arlington Street, Chelmsford, Middlesex County, is a public way extending from the intersection of Dorrance Street, easterly for the length of 250 feet along its southern boundary and 255.24 feet along its northern boundary, and is a private way east of the boundaries of the public portion of the way, and the private portion of the way is owned in fee to the centerline by the Diodatis along and to the extent of the frontage of their property and by the Whitings along and to the extent of the frontage of their property, subject to the easement rights, if any, of other owners of property in the Westlands subdivision who may have rights to pass and repass over Arlington Street. The Kohls do not have any rights in Arlington Street beyond the limits of the public way as determined herein, and specifically, the Kohls do not have any rights of access to or egress from their property easterly of the end of Arlington Street over the private portion of Arlington Street. It is further
ORDERED and ADJUDGED, on Count II of the third amended complaint, that the Kohls, their agents, invitees, successors in interest, and others acting on their behalf or with knowledge of this Judgment, are ENJOINED from using the private portion of Arlington Street to access the Kohls property to the east of the end of Arlington Street, and from interfering with the plaintiffs rights in and to the private portion of Arlington Street. It is further
ORDERED and ADJUDGED, that Counts V, VI and VIII of the third amended complaint are DISMISSED. It is further
ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are DENIED, and it is further
ORDERED that no costs, fees, damages, or other amounts are awarded to any party.
By the Court.