JOHN J. DILLON, JR., Individually and as Trustee of the John J. Dillon, Jr. Trust, v. DANUTE QUINN, THOMAS P. QUINN, and TOWN OF BARNSTABLE

Plaintiff John J. Dillon, Jr., individually and as Trustee of the John J. Dillon, Jr. Trust, filed this action on August 4, 2016. His complaint contained three counts. Count I sought declaratory judgments against defendants Danute Quinn and Thomas Quinn that they lacked the right to use so-called Dillon Lane, a way depicted on a "Subdivision Plan of Land in Barnstable, Mass. for Daniel F. and Sharon P. Dillon," dated April 24, 1974 and recorded at the Barnstable County Registry of Deeds (the "Registry") in Plan Book 290, Page 43; and a "Plan of Land in the Town of Barnstable, Mass. Prepared for John J. Dillon," dated June 27, 1989 and recorded in the Registry in Plan Book 462, Page 42, to the extent Dillon Lane crosses Mr. Dillon's property at 2171 Main Street in Barnstable, Massachusetts. In Count II of his complaint, Mr. Dillon sought two declarations pertaining to various actions taken by the Town of Barnstable's Planning Board relating to Dillon Lane and the Town of Barnstable's issuance of a building permit to Ms. Quinn. In Count III, Mr. Dillon sought a declaration concerning whether Ms. Quinn's lot off Dillon Lane has sufficient frontage for purposes of her obtaining a building permit.

In July 2017, this Court dismissed Mr. Dillon's claims in Counts II and III of his Complaint, the sole counts against the Town of Barnstable, without prejudice, on the grounds that he had the opportunity to litigate those claims in a related case, Dillon v. Florence, Case No. 16 MISC 000417.

Mr. Dillon's claims in Count I of his Complaint, against defendants Danute and Thomas Quinn only, came before the Court for trial on October 25, 2017. The Court heard closing arguments in the case on December 13, 2017. In accordance with the Court's Findings of Fact and Conclusions of Law this same date in this case and Dillon v. Florence, Case No. 16 MISC 000417, in light of the facts found after trial and the arguments of counsel, the Court

ORDERS, ADJUDGES and DECREES that:

A. Judgment hereby enters in FAVOR of John J. Dillon, Jr., individually and as Trustee of the John J. Dillon, Jr. Trust, and AGAINST Danute Quinn and Thomas P. Quinn, on Count I of Mr. Dillon's Complaint.

B. Judgment of dismissal without prejudice hereby enters in FAVOR of Danute Quinn, Thomas P. Quinn, and the Town of Barnstable, and AGAINST Mr. Dillon, on Counts II and III of Mr. Dillon's Complaint.

C. Danute Quinn and Thomas P. Quinn do not have any rights to use so-called Dillon Lane, a way depicted on a "Subdivision Plan of Land in Barnstable, Mass. for Daniel F. and Sharon P. Dillon," dated April 24, 1974 and recorded at the Barnstable County Registry of Deeds (the "Registry") in Plan Book 290, Page 43; and a "Plan of Land in the Town of Barnstable, Mass. Prepared for John J. Dillon," dated June 27, 1989 and recorded in the Registry in Plan Book 462, Page 42, where such Lane crosses the property owned by Mr. Dillon, as Trustee of the John J. Dillon, Jr. Trust, at 2171 Main Street in Barnstable, Massachusetts, as further described in deed recorded at the Registry in Book 25063, Page 25.

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

SO ORDERED.