KATIE L. LEAHEY v. MONIQUE H. JEAN, KOREEN OBERT, LAVAL F. JEAN, PAULINE S. JEAN, PAUL D. JEAN, and TOWN OF BLACKSTONE.

This action commenced on July 2, 2015, as an action in which the plaintiff seeks to extinguish rights of the defendants in a portion of a way in the town of Blackstone known as Montcalm Avenue. The case came on for trial by the court (Speicher, J.). 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 I of the Complaint (Try Title, G. L. c. 240 §§ 1 - 5), the defendants' rights to pass and repass over that portion of Montcalm Avenue over which the parties have stipulated that the plaintiff holds fee simple title, have not been extinguished by prescriptive use, abandonment or otherwise, and the defendants have the right and easement to pass and repass over said portion of Montcalm Avenue by foot or by vehicle for all purposes for which ways are used in the town of Blackstone; and it is further

ORDERED and ADJUDGED that on Count II of the Complaint (Extinguishment by Prescription), said count is hereby DISMISSED; and it is further

ORDERED and ADJUDGED that on Count III of the Complaint (Abandonment), said count is hereby DISMISSED; and it is further

ORDERED and ADJUDGED that on Count IV of the Complaint (Easement by Estoppel), based on the stipulation of the parties, the plaintiff has the right and easement to pass and repass over those portions of Montcalm Avenue to which the parties have stipulated that the defendants hold fee simple title, by foot or by vehicle for all purposes for which ways are used in the town of Blackstone; and it is further

ORDERED, ADJUDGED and DECLARED that on Count I of the defendants' Counterclaim seeking a declaratory judgment under G. L. c. 231A, § 1, the defendant has failed to prove that Montcalm Avenue between Harris Pond Street and Edgewater Drive is a public way, and the court finds and declares that said portion of Montcalm Avenue is not a public way; and it is further

ORDERED and ADJUDGED that on Count II of the defendants' Counterclaim (Easement by Prescription, Implication and/or Estoppel), based on the stipulation of the parties, the defendants have the right and easement to pass and repass over those portions of Montcalm Avenue to which the parties have stipulated that the plaintiff holds fee simple title, by foot or by vehicle for all purposes for which ways are used in the town of Blackstone; and it is further

ORDERED and ADJUDGED that the defendants' Crossclaim against the town of Blackstone is DISMISSED; and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, are binding on and applicable to the parties to this case, and do not adjudicate the rights of any persons or entities not party to this action; 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, and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.

By the Court