Home JOHN MOSS and AMY BORNER v. GARY LINGLEY and ANNMARIE LINGLEY as Trustees of the J.M.J. Realty Trust and TOWN OF WAYLAND, acting by and through its BOARD OF SELECTMEN, BOARD OF PUBLIC WORKS and CONSERVATION COMMISSION.

MISC 13-480577

April 6, 2018

Middlesex, ss.

LONG, J.

JUDGMENT

For the reasons set forth in the Court's Decision of this date, it is FOUND, ORDERED, ADJUDGED, DECLARED, and DECREED that Intervenor-Defendant Town of Wayland, acting by and through its Board of Selectmen, Board of Public Works, and Conservation Commission, has abandoned all rights of easement it may ever have had over the land depicted as Crown Path on the plan entitled "Woodland Park, Wayland, Mass." dated September 3, 1914 and recorded at the Middlesex South Registry of Deeds (the "1914 Plan"), and has no right to use any portion of Plaintiffs John Moss' and Amy Borner's property at 50 and 54 Lake Shore Drive in Wayland (the "Plaintiffs' property"), and it is further FOUND, ORDERED, ADJUDGED, DECLARED, and DECREED that Defendants Gary Lingley and AnnMarie Lingley, as Trustees of the J.M.J. Realty Trust, have no easement rights to use Crown Path or any portion of the Plaintiffs' property. The Intervenor-Defendant and the Defendants are thus ENJOINED from using any portion of the Plaintiffs' property, including the area depicted as Crown Path on the 1914 Plan. All other claims and counterclaims are DISMISSED.

SO ORDERED.