FULVIO J. GENTILI and GINA MADORE, as Trustees of the RENATO GENTILI TRUST v. TOWN OF STURBRIDGE and STURBRIDGE DHC, LLC.

In this action, plaintiffs Fulvio J. Gentili and Gina Madore, as Trustees of the Renato Gentili Trust (the "Trust"), sought various declarations against defendants Town of Sturbridge (the "Town") and Sturbridge DHC, LLC, concerning their rights (or lack thereof) to discharge water to and across a property the Trust owns at 209 Charlton Road in Sturbridge, Massachusetts (the "Trust Property"). A deed describing the Trust Property is recorded in the Worcester District Registry of Deeds (the "Registry") in Book 6265, Page 258. The Trust further sought injunctions against the Town and Sturbridge DHC, so as to limit their discharges of water to and across the Trust Property. The Town and Sturbridge DHC each counterclaimed against the Trust, and sought declarations that each has acquired a prescriptive easement permitting each to discharge water to and across the Trust Property.

The parties filed cross-motions for summary judgment as to all of their claims. The Court denied those motions in May 2017, on account of disputed issues of fact. The Court held a trial on December 8, 11 and 12, 2017. In accordance with this Court's Decision this same date, in light of the facts found after trial and the arguments of counsel, this Court

ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of defendant/counterclaim-plaintiff Town of Sturbridge, and AGAINST plaintiffs/counterclaim-defendants Fulvio Joseph Gentili and Gina Madore, as Trustees of the Renato Gentili Trust, on the Town's Counterclaim.

B. Judgment is hereby entered in FAVOR of defendant/counterclaim-plaintiff Sturbridge DHC, LLC, and AGAINST the Trust, on Sturbridge DHC's Counterclaim.

C. The Town has obtained an easement by prescription to keep and maintain, on the Trust Property, in the location on Exhibit A hereto that is marked "Existing 24" CMP Inv=605.80,'" a 24-inch corrugated metal pipe (the "New Town Culvert").

D. The Town has obtained an easement by prescription, appurtenant to the Town's interests in Hall Road, to discharge onto and across the Trust Property, within the area labelled on Exhibit A as "Area of Man-Made Runoff" (the "Easement Area"), stormwater that is discharged through the New Town Culvert, during and after storm events. The Town's discharges into the Easement Area shall not exceed the amounts naturally collected by a Town-owned catch basin that lies approximately 105 feet from the entrance to the New Town Culvert, PLUS the amounts naturally carried by an intermittent stream that enters a culvert (the "DHC Culvert"), located on the DHC Property (as defined below), the northern opening of which is approximately fifteen feet southeast of the entrance to the New Town Culvert, PLUS the amounts naturally draining into two catch basins that currently lie atop the DHC Culvert.

E. Sturbridge DHC has obtained an easement by prescription, appurtenant to the property described in a deed recorded in the Registry in Book 44691, Page 90 (the "DHC Property"), to discharge onto and across the Trust Property, within the Easement Area, stormwater leaving the DHC Property through the DHC Culvert, during and after storm events. Sturbridge DHC's discharges into the Easement Area shall not exceed the amounts naturally carried by an intermittent stream that enters the DHC Culvert, PLUS the amounts naturally draining into two catch basins that currently lie atop the DHC Culvert.

F. The easements described in ¶¶ C-E above are subject to the Trust's rights under M.P.M. Builders, LLC v. Dwyer, 442 Mass. 87 (2004).

G. The Trust's claims against the Town and Sturbridge DHC in the Trust's First Amended Complaint are DISMISSED with prejudice.

Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded at the Registry and marginally referenced on all relevant documents.

SO ORDERED.