Home JAMES J. DECOULOS v. TOWN OF AQUINNAH, ELIZABETH O'KEEFE, SOUTH SHORE BEACH, INC., and VINEYARD CONSERVATION SOCIETY, INC.

MISC 17-000428

November 29, 2017

Dukes, ss.

SPEICHER, J.

JUDGMENT OF DISMISSAL

This action commenced in the Superior Court for Barnstable County on August 7, 2017, as a complaint seeking a declaration that plaintiff's land in Aquinnah is entitled to an easement by necessity over the land of the defendants, and seeking damages for a temporary taking and in the alternative for a permanent taking. By a decision issued this day, the court (Speicher, J.) has ordered the dismissal of the complaint by allowance of the defendants' motion to dismiss filed pursuant to Rule 12(b)(6), Mass. R. Civ. P.

Therefore, it is

ORDERED and ADJUDGED that the Complaint is hereby DISMISSED in its entirety, and it is further

ORDERED that this Judgment, issued pursuant to the court's above-referenced decision, disposes 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