Home 70 BUBIER ROAD TRUST, John Schey and Ruth Schey, Trustees, v. ROBERT CLARK, LESLIE CLARK, and U.S. BANK, N.A.

MISC 17-000109

March 2, 2018

Essex, ss.



The 70 Bubier Road Trust, by its Trustees John Schey and Ruth Schey (Trust), filed its Complaint, seeking to establish a prescriptive easement over land of the defendants, on March 6, 2017. The answer of U.S. Bank, N.A. was filed on March 22, 2017, and the answer of Robert Clark and Leslie Clark was filed on March 29, 2017. U.S. Bank, N.A. filed its Motion for Summary Judgment on October 13, 2017. U.S. Bank, N.A.’s motion was allowed on November 30, 2017, and all claims against U.S. Bank, N.A. were dismissed without prejudice.

On January 5, 2018, the defendants Robert Clark and Leslie Clark filed the Motion for Summary Judgment of Defendants Robert Clark and Leslie Clark (Motion for Summary Judgment). On February 6, 2018, the Trust filed its Memorandum in Opposition to Defendants' Motion for Summary Judgment

The Motion for Summary Judgement came to be heard on February 21, 2018. In a Memorandum and order of even date, the court (Foster, J.) has allowed the Motion for Summary Judgment.

In accordance with the court’s Memorandum and order issued today, it is

ORDERED, ADJUDGED, and DECLARED that the Trust has not acquired a prescriptive easement over that portion of driveway and abutting strip of land, identified in the court's Memorandum and Order as the disputed area, on the Clarks' property located at 74 and

76 Bubier Road, Marblehead, Massachusetts, shown as Lots 4 and 5 on the plan attached hereto. It is further

ORDERED and ADJUDGED that the Complaint is DISMISSED with prejudice.


Exhibit 1

Exhibit A