LEE MIGUEL v. TOWN OF FAIRHAVEN, MARC D. SEGUIN, MARIA LUZ C. SYLVIA, ANTHONY SIMMONS, JR. and HUGETTE A. WHITE.

Plaintiff filed the Complaint in Superior Court on June 1, 2016. On July 8, 2016, the case was transferred to the Land Court pursuant to G.L. c. 211B, § 9. On August 3, 2016, the Town of Fairhaven filed its Answer. The Amended Complaint was filed on October 19, 2016. By the Amended Complaint, the plaintiff seeks a declaration as to whether the portion of North Street in Fairhaven, Massachusetts, that lies between Cherry Street and the Achushnet River, as shown on the plan attached hereto as Exhibit A (the North Street extension), is a public way or a private way. On November 25, 2016, Plaintiff filed a Request for Default pursuant to Mass. R. Civ. P. 55(a) on Defendants Marc D. Seguin, Maria Luz C. Sylvia, Anthony Simmons, Jr., and Hugette A. White and the defaults of those Defendants entered.

Plaintiff's Motion for Summary Judgment was filed on May 15, 2017, and the Town of Fairhaven filed its Cross-Motion for Summary Judgment May 25, 2017. The cross-motions for summary judgment came on to be heard on June 16, 2017, and the court took the motions under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed Plaintiff's Motion for Summary Judgment and denied the Town of Fairhaven's Cross-Motion for Summary Judgment.

In accordance with the court's Memorandum and Order issued today, it is

ORDERED, ADJUDGED and DECLARED that the North Street extension is not a public way.

SO ORDERED.

exhibit 1