MISC 16-000412

April 26, 2018

Suffolk, ss.



May Luo (Plaintiff) filed this action for declaratory judgment pursuant to G. L. c. 231A, on July 25, 2016, seeking a declaration that certain deed restrictions (Restrictions) imposed on her property, located at 187 Calumet Street in Boston (Premises), are invalid. She argues the Restrictions violate public policy by imposing an unreasonable restraint on alienation. Defendant the City of Boston (City) moved for summary judgment on August 30, 2017, asserting that the Restrictions serve rational and legitimate purposes and are valid and enforceable against Plaintiff as a matter of law. A hearing took place November 28, 2017, at which all parties were heard.

A Decision Granting Defendant's Motion for Summary Judgment has issued today. In accordance with that Decision, it hereby is

ADJUDGED, ORDERED AND DECLARED that the Restrictions imposed on 187 Calument Street in Boston are valid and enforceable by the City of Boston; and it is further

ORDERED that a copy of this Judgment may be recorded with the Registry and marginally referenced to Plaintiff's deed to the Premises, recorded with the Suffolk County Registry in Book 46163, at Page 103, and the Luo Mortgage in favor of the City, recorded in Book 46163, at Page 105.

By the court.