CITY OF TAUNTON v. MILAD DBAIB and KHALIL DOBEIB

The action that eventually gave rise to the City of Taunton's Second Verified Complaint for Contempt began in 2011. That action resulted in a consent judgment approved by this Court (Sands, J.) in September 2012 against defendants Milad Dbaib and Khalil Dobeib. That judgment enjoined Dbaib and Dobeib from using 272 Winthrop Street in Taunton, MA for the storage or "placement" of vehicles, storage of materials, and as a wrecking yard, unless and until Dbaib and Dobeib brought their operation into "full compliance" with 26 conditions. The consent judgment also conditioned any resumption of the enjoined activities on their being "in full compliance" with all applicable law.

In February 2017, the City filed in this Court a verified complaint for contempt. That complaint alleged that Dbaib and Dobeib had never ceased 272 Winthrop's prohibited uses, and that they never had complied with all 26 conditions of the consent judgment. The City sought an order directing Dbaib and Dobeib to cease all use of 272 Winthrop Street. The City also asked the Court to fine Dbaib and Dobeib for their misconduct and award the City attorneys' fees relating to enforcement of the 2012 consent judgment.

Proceedings on the City's complaint for contempt marched towards a September 2017 trial date. At the final conference before trial, counsel for Dbaib and Dobeib asked for a five-month continuance of the trial date on account of Mr. Dobeib's health. The Court granted the request on the condition that the parties reach agreement on measures aimed at bringing 272 Winthrop Street into compliance with the 2012 consent judgment. Those efforts resulted in an Interim Order, which the Court issued (with the parties' consent) on September 24, 2017.

On October 18, 2017, the City filed its Second Verified Complaint for Contempt. That complaint charges Dbaib and Dobeib with having violated the Interim Order in seven respects. The Clerk summoned Dbaib and Dobeib to appear for a hearing on October 30, 2017, to respond to the City's charges. Mr. Dbaib appeared along with his and Mr. Dobeib's counsel. On October 30, 2017, in accordance with Rules 52, 58 and 65.3(h), Mass. R. Civ. P., the Court made findings of fact and rulings of law, upon which this Court has elaborated in a Decision issued today. In accordance with the Court's October 30, 2017 findings and rulings, and in accordance with the Decision, it is

ORDERED and ADJUGED that judgment is hereby entered in favor of plaintiff City of Taunton, and against defendants Milad Dbaib and Khalil Dobeib, on the City's Second Verified Complaint for Contempt;

ORDERED that Messrs. Dbaib and Dobeib shall

A. Remove from 272 Winthrop Street in Taunton, MA (the "Property"), by 12:00 p.m. on November 1, 2017, all vehicles in excess of the 66 allowed under Paragraph 1 of the Interim Order. Violation of this order (A) will result in a fine of $100 per day of violation, per each vehicle in excess of 66.

B. Remove from the Property, by 12:00 p.m. on November 6, 2017, the van described in Paragraph 1 of the Interim Order. Violation of this order (B) will result in a fine of $100 per day of violation.

C. Install and maintain in the front of the Property, by 12:00 p.m. on November 6, 2017, "No Parking" signs. Violation of this order (C) will result in a fine of $100 per day of violation.

D. Comply, by 12:00 p.m. on November 6, 2017, with Paragraph 4 of the Interim Order. Violation of this order (D) will result in a fine of $100 per day of violation.

E. Engage a surveyor by November 6, 2017 to (i) determine by December 29, 2017 whether the snow stakes installed pursuant to Paragraph 4 of the Interim Order are, in fact, along the boundary of the 100-foot BVW buffer zone on the Property; (ii) relocate to that line any stakes that are not on the line; and (iii) certify to the City by December 29, 2017 that the snow stakes are along the boundary of the 100-foot BVW buffer zone on the Property. Violation of this order (E) will result in a fine of $100 per day of violation.

F. As of November 6, 2017, and continuing thereafter, dispose of all scrap lumber on the Property in dumpsters or other refuse containers. Violation of this order (F) will result in a fine of $100 per day of violation, per each improperly disposed object.

G. By November 13, 2017, designate and maintain a storage area, behind the building on the Property, for storage of auto parts and usable pallets. Violation of this order (G) will result in a fine of $100 per day of violation.

H. By November 13, 2017, and continuing thereafter, store any pallets on the Property outside of buildings only in the storage area designated pursuant to order (G). Violation of this order (H) will result in a fine of $100 per day of violation, per each improperly stored pallet.

I. By November 13, 2017, and continuing thereafter, store any auto parts on the Property either inside vehicles, inside buildings, or within the storage area designated pursuant to order (G). Violation of this order (I) will result in a fine of $100 per day of violation, per each improperly stored part.

Orders (A) through (H) are in addition to, and not in lieu of, the requirements set forth in the 2012 consent judgment and the September 2017 Interim Order. Liability of Messrs. Dbaib and Dobeib for the obligations imposed by this Judgment shall be joint and several, with rights of contribution.

SO ORDERED.