ANNE C. MULLEN and JOYCE A. BETHONEY v. VIKING LANE, LLC and RIVER STONE LLC
SPEICHER, J.
This action commenced February 13, 2018, asserting claims to try title pursuant to G. L. c. 240, §§ 1 - 5, for declaratory relief pursuant to G. L. c. 231A, seeking extinguishment of a certain right of way by adverse use, and seeking injunctive relief. A counterclaim by the defendants sought declaratory relief, all with respect to rights in a certain right of way shown on a certain subdivision plan in Hingham.
This case came on for hearing on the plaintiffs' "Partial Motion for Judgment on the Pleadings." In a decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the plaintiffs as follows.
In accordance with the court's decision, it is
ORDERED, ADJUDGED, and DECLARED, on Count III of the First Amended Verified Complaint, and on the defendants' Counterclaim for declaratory relief, that the defendants, Viking Lane, LLC and River Stone LLC, as successors in interest to Viking Realty Company, Inc., neither gained nor possess any right or easement of any kind over the plaintiffs' properties at 18 and 23 Autumn Circle, Hingham, Plymouth County, also identified as Lots 13 and 14 on a plan entitled, "Plan of Lots Autumn Circle Hingham, Mass." dated March 24, 1960, revised May 10, 1960, by Lewis W. Perkins & Sons, Engineers, recorded with the Plymouth County Registry of Deeds at Plan Book 11, Page 1053, as Plan No. 447 of 1960, and in particular, said defendants neither gained nor possess any right or easement over the "Way 40 feet wide," shown on said plan, and
It is further
ORDERED and ADJUDGED, that Counts I, II, IV, V and VI of the First Amended Verified Complaint are DISMISSED as moot, and
It is further
ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties' claims and counterclaims in this case, and all prayers for relief by any party in this action that are not granted in the preceding paragraphs are DENIED.
It is further
ORDERED that no costs, fees, damages, or other amounts are awarded to any party.
By the Court.