BP WATERTOWN RETAIL, LLC and 615 ARSENAL RETAIL, LLC, v. HOME DEPOT U.S.A., INC. and WATERTOWN HOME IMPROVEMENT EXCHANGE, LLC.

This action commenced June 5, 2015 with the filing of a complaint by BP Watertown Retail, LLC and 615 Arsenal Street Retail, LLC, seeking injunctive relief with respect to alleged violations by the defendants of the plaintiffs’ rights under certain operating agreements and a condominium Master Deed governing the respective rights of the parties to common areas at the Arsenal Mall in Watertown.

This case came on for hearing on November 4, 2015, on the motion for summary judgment of Home Depot U.S.A., Inc.(“Home Depot”). By a Decision of even date, the court (Speicher, J.) has determined that judgment shall enter in part for the plaintiffs and in part for the defendants.

In accordance with the court’s Decision, it is

ORDERED and ADJUDGED, that Home Depot’s motion for summary judgment is ALLOWED IN PART, and that summary judgment is ALLOWED IN PART for the plaintiffs, and it is further

ORDERED and ADJUDGED, on Count I of the Second Amended Complaint, that the defendants, their agents, invitees, representatives, employees, contractors, vendors, and others acting in concert with them or otherwise having actual knowledge of this Order, are PERMANENTLY ENJOINED from: conducting outdoor sales in the parking lot or loading dock area at 615 Arsenal Street, Watertown, or in any of the “Common Areas” of the Arsenal Mall, as defined in the “Construction, Operating and Reciprocal Easement Agreement” (the COREA), except in the Garden Shop Outdoor Selling Area designated in the COREA; reserving or appropriating parking spaces in the parking lot or Common Areas for the parking of trucks or vans in connection with Home Depot’s truck and van rental business; and from storing, or allowing their vendors to store, plant racks or trailers in the parking lots, or Common Areas, and it is further

ORDERED and ADJUDGED, that the plaintiffs, their agents, invitees, representatives, employees, contractors, vendors, and others acting in concert with them or otherwise having actual knowledge of this Order, are PERMANENTLY ENJOINED from requiring the removal, modification or cessation of use by the defendants of the vestibule presently existing on the south side of the building at 615 Arsenal Street, Watertown, the cart corrals presently in the parking lot at 615 Arsenal Street, Watertown, or the rumble strip and other modifications heretofore made to the parking lot at 615 Arsenal Street, Watertown.

It is further

ORDERED and ADJUDGED, that Counts II and III of the Second Amended Complaint are DISMISSED; and it is further

ORDERED and ADJUDGED, that the defendant Home Depot’s counterclaim is DISMISSED in its entirety for lack of subject matter jurisdiction; and 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.