SAHIN KAYA v. SCOTT KENWORTHY.

Plaintiff Sahin Kaya filed this action on January 22, 2018. In Count One of his Complaint, Mr. Kaya claimed that he had acquired by adverse possession part of defendant Scott Kenworthy's abutting property. Kaya also asked the Court to order removal of a fence that Kenworthy allegedly had "erected upon the land of the Plaintiff," although the Complaint is not clear whether "land of the Plaintiff" refers to property that Kaya received by deed or disputed slice of Kenworthy's land. In Count Two of his Complaint, Kaya sought damages for loss of use of his "Premises." The Complaint is not clear as to whether the "Premises" are those Kaya acquired by deed and/or those he allegedly acquired through adverse possession.

On March 19, 2018, Mr. Kenworthy moved under Rule 12(b)(6), Mass.R.Civ.P., for dismissal of Mr. Kaya's claims. For the reasons set forth in the Decision of this same date, having reviewed the parties' briefs and their supporting materials, and having heard the arguments of counsel, the Court GRANTS Kenworthy's motion. Accordingly, it is hereby

ORDERED and ADJUDGED, that Mr. Kaya's claims in this action for adverse possession should be and hereby are dismissed, with prejudice. It is further

ORDERED and ADJUDGED, that Mr. Kaya's claims in this action for trespass and damages for loss of use of his property should be and hereby are dismissed, without prejudice, for lack of subject-matter jurisdiction.

SO ORDERED.