The Plaintiffs filed their complaint in this action on November 9, 2016. Plaintiffs Chester Cross and Gloria Cross own the property shown as lot 10 on the Assessors Plan attached hereto (the Crosses' property). Counts I through VII seek a declaration that the roadway running easterly from the intersection of Brier Hill Road and Wing Hill Road in Goshen, Massachusetts, bounding the Crosses' property to the south, as shown as a dotted line on the Assessors Plan attached hereto (the Stub), is a public way. On December 15, 2016, the Defendants filed their answer to the complaint. On September 19, 2017, the Plaintiffs filed their Motion for Summary Judgment and supporting documents. On October 20, 2017, the Defendants filed their Opposition to Plaintiffs' Motion for Summary Judgment and Defendants' Cross Motion for Summary Judgment.
The cross-motions for summary judgment came to be heard on November 9, 2017. In a Memorandum and Order of even date, the court (Foster, J.) denied the Plaintiffs' Motion for Summary Judgment and allowed the Defendants' Cross-Motion for Summary Judgment.
In accordance with the courts Memorandum and Order of even date, it is
ORDERED, ADJUDGED, and DECLARED that the Stub is not a public way. It is further
ORDERED and ADJUDGED that the Plaintiffs complaint is DISMISSED with prejudice.
By the Court
CHESTER CROSS and GLORIA CROSS v. TOWN OF GOSHEN and GOSHEN BOARD OF SELECTMEN, consisting of the following individuals who are named in their official capacity as members of the board: Angela Otis, chair, Diane Bushee, co-chair, Wayne Glaser, clerk, TOWN OF GOSHEN HIGHWAY SUPERINTENDENT, Todd Dewkett, in his official capacity.
