This action commenced on December 2, 2015, as an action in which the plaintiffs seek a declaratory judgment with respect to rights to property known as Lot 29 in the Pinewood Road Subdivision in Ludlow, Hampden County, as shown on a plan entitled "Revised Plan of Lots Pinewood Road, Ludlow, MA", recorded with the Hampden County Registry of Deeds in Plan Book 336, Page 104 (the "Property"). The case came on for trial by the court (Speicher, J.) on October 6, 2016. 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, ADJUDGED and DECLARED on the sole count of the Amended Complaint, seeking a declaratory judgment, that the plaintiff, Pinewood Road, Inc., Inc., as a valid winding up activity, has a right to repurchase the Property pursuant to Paragraph 6 of the document entitled, "Declaration of Restrictive Covenants Pinewood Road, Inc., Lots 1 through 33, Ludlow, Massachusetts", recorded with the Hampden County Registry of Deeds in Book 15127, Page 331 ("Declaration") and has properly exercised its right to demand such repurchase of the Property in accordance with the provisions of Paragraph 6 of the Declaration; and it is further
ORDERED, ADJUDGED and DECLARED that the plaintiff MHB, Inc., does not have standing to exercise the right to repurchase the Property pursuant to Paragraph 6 of the Declaration; and it is further
ORDERED that the defendants Anna L. Pielecha Kuntz, Danuta T. Budzyna, and Elzbieta B. Gomes, Trustees of the W&J Pielecha Family Trust, shall convey the Property to the plaintiff Pinewood Road, Inc. on the terms provided in Paragraph 6 of the Declaration and in accordance with the terms of the demand letter dated October 20, 2015, within thirty (30) days of the date this Judgment becomes final; 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 after payment of all applicable fees, a certified copy of this Judgment may be recorded with the Hampden County Registry of Deeds with appropriate marginal references; and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court