Home TOWN OF WINCHENDON, by and through its BOARD OF SELECTMEN v. BRANDYWINE FARMS, INC.

MISC 17-000332

May 18, 2018

Worcester, ss.

FOSTER, J.

JUDGMENT

The Town of Winchendon, by and through its Board of Selectmen (the Town) filed its Complaint in this action on June 14, 2017. The Defendant's Answer to Complaint was filed on July 27, 2017. The Plaintiff's Motion for Judgment on the Pleadings was filed on December 19, 2017. The Opposition of Defendant Brandywine Farms, Inc. to Plaintiff Town of Winchendon's Motion for Judgment on the Pleadings Under Mass. R. Civ. P. 12(c) was filed on January 22, 2018. The Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Judgment on the Pleadings was filed on January 29, 2018. The court heard the Town's motion on January 31, 2018. The Supplemental Opposition of Defendant Brandywine to Plaintiff Town's Motion for Judgment on the Pleadings was filed on February 14, 2018. The Plaintiffs Reply to Defendant's Supplemental Opposition to Plaintiff's Motion for Judgment on the Pleadings was filed on February 28, 2018, at which time the court took the matter under advisement. In a Memorandum and Order of even date, the court (Foster, J) has allowed the Plaintiff's Motion for Judgment on the Pleadings.

In accordance with the court's Memorandum and Order issued today, it is

ORDERED, ADJUDGED, and DECLARED that the document entitled "Instrument of Reversal of Quitclaim Deed," dated October 11, 2016, and recorded in the Worcester South District Registry of Deeds (Worcester registry) at Book 56114, Page 333 is invalid and of no force and effect. It is further

ORDERED, ADJUDGED, and DECLARED that the Town holds, in fee simple absolute, all rights, title, and interests conveyed by White Brothers, Inc. to Monomonoc Lake Shores, Inc. by deed dated October 2, 1958, recorded in the Worcester registry at book 3975, Page 139, subsequently conveyed to the Town by Monomonoc Lake Shores, Inc. in that deed dated August 24, 1972, and recorded in the Worcester registry at Book 5259, Page 501. It is further

ORDERED, ADJUDGED, and DECLARED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded at the Worcester registry and and marginally referenced on all relevant documents.

SO ORDERED