ROBERT L. HEDLUND, as Mayor of the Town of Weymouth, on behalf of the Planning Board of the Town of Weymouth, v. CALPINE FORE RIVER ENERGY CENTER, LLC and ALGONQUIN GAS TRANSMISSION, LLC.

Plaintiff Robert L. Hedlund, as Mayor of the Town of Weymouth, on behalf of the Planning Board of the Town of Weymouth, filed this action in Norfolk County Superior Court on December 23, 2016. The Board's complaint contained two counts. Count I sought a declaratory judgment that the recording of two deeds with the Norfolk County Registry of Deeds, deeds evidencing a conveyance between defendants Calpine Fore River Energy Center, LLC and Algonquin Gas Transmission, LLC, violated G.L. c. 41, § 81X, and thus the conveyance was "void ab initio." Count II sought an order "rescinding" the conveyance on account of its failure to comply with the Subdivision Control Law, G.L. c. 41, § 81K et seq., and "enjoining any [and] all persons and entities from recording or registering any instruments related to the [conveyed properties], unless and until the lots comprising the [properties] are properly divided from adjacent parcels in accordance with the Subdivision Control Law. . . ." (Emphasis in original.)

Calpine and Algonquin answered the Board's complaint. Thereafter, Algonquin moved to dismiss the Board's complaint for lack of subject-matter jurisdiction. On October 30, 2017, the Superior Court (Pasquale, J.) transferred the action to this Court pursuant to c. 212, § 26A.

The case came before this Court on the parties' cross-motions for summary judgment. In accordance with the Court's Decision this same date, in light of the undisputed facts and the arguments of counsel, the Court (a) GRANTS the Planning Board's motion for summary judgment in part and DENIES that motion in part; and (b) DENIES Calpine and Algonquin's cross-motions for summary judgment. The Court thus

ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of Robert L. Hedlund, as Mayor of the Town of Weymouth, on behalf of the Planning Board of the Town of Weymouth and AGAINST Calpine Fore River Energy Center, LLC ("Calpine") and Algonquin Gas Transmission, LLC ("Algonquin").

B. The deed accepted by the Norfolk Country Registry District of the Land Court on December 2, 2016 as Document No. 1,368,107 (the "Registered Land Deed") does not comply with G.L. c. 41, § 81X, inasmuch as Exhibit B to that deed does not meet § 81X's requirements for the recording of a plan "showing a division of a tract of land into two or more lots. . . ."

C. The deed accepted and recorded by the Norfolk Country Registry of Deeds on December 2, 2016 in Book 34726, Page 482 (the "Recorded Land Deed") does not comply with G.L. c. 41, § 81X, inasmuch as Exhibit B to that deed does not meet § 81X's requirements for the recording of a plan "showing a division of a tract of land into two or more lots. . . ."

D. Calpine and Algonquin are hereby ENJOINED from transferring, conveying or encumbering any or all of Lots G-1, G-2 and B-1, as described in the Registered Land Deed and the Recorded Land Deed, unless and until:

1. Lot G-1 has been withdrawn from registration in accordance with G.L. c. 185, § 52.

2. Following Lot G-1's withdrawal from registration, the Confirmatory Deed described in paragraph (G) below has been recorded in accordance with paragraph (H) below.

E. Algonquin is hereby ORDERED to file within fifteen days of this Judgment, in Algonquin Gas Transmission Co., LLC, 17 SBQ 07785 09-001, a complete motion to withdraw Lot G-1 from registration.

F. Calpine and Algonquin are hereby ORDERED to respond promptly to any reasonable request or inquiry of the Chief Examiner of the Land Court in connection with Algonquin's filing, in Algonquin Gas Transmission Co., LLC, 17 SBQ 07785 09-001, of a motion to withdraw Lot G-1 from registration.

G. Calpine and Algonquin are hereby ORDERED to file and serve on the Planning Board, within seven days of notice that Lot G-1 has been withdrawn from registration, a form of confirmatory deed (the "Confirmatory Deed"). The Confirmatory Deed shall, at a minimum,

1. Confirm the conveyances described in the Registered Land Deed and Recorded Land Deed, by reference to only one plan, the plan described in the letter recorded at the Norfolk County Registry of Deeds in Book 34988, Page 304.

2. State that the Confirmatory Deed replaces the Registered Land Deed and the Recorded Land Deed in their entirety.

3. State that Exhibit B to the Registered Land Deed, and Exhibit B to the Recorded Land Deed, are (a) null and void; (b) not to be relied upon for any purpose; and (c) not relied upon by the Confirmatory Deed.

H. Calpine and Algonquin are hereby ORDERED to record a fully executed and acknowledged copy of the Confirmatory Deed at the Norfolk County Registry of Deeds within seven days after receiving notice of this Court's approval of the form of the Confirmatory Deed.

SO ORDERED.