ONE SG, LLC v. THE RESIDENCES AT 137 NORTH STREET CONDOMINIUMS, JASON DiFULVIO, ARIANNA P. MURPHY, JOSEPH A. BARNES, and SARAH-ANNE JOHNSON.

This case involves two partially abutting properties on North Street in Salem, both of which are improved with residential condominium buildings. Plaintiff is the owner of one of the condominium units at 133½ North Street and Defendants are the owners and Trustees of the three-unit condominium located at 137 North Street. In a three-count Amended Verified Complaint, Plaintiff claims a right to use Defendants' property for vehicular access to and from Plaintiff's parking spaces at 133½ North Street to reach North Street, a public way. [Note 1]

A decision of today's date has issued granting Defendants' Motion to Dismiss under Mass. R. Civ. P. 12(b)(6), for failure to state a claim. In accordance with that decision, it hereby is

ADJUDGED, DECLARED and ORDERED Plaintiff has failed to plead facts sufficient to support its claim that 133½ North Street enjoys the benefit of an easement by necessity over Defendant's property at 137 North Street by implication, contract, or otherwise, and no such easement exists in Plaintiff's favor; it is further

ADJUDGED and ORDERED the Complaint does not set forth facts supporting a claim Plaintiff's claim under Quantum Meruit relating to the claimed easement rights; and it is further

ADJUDGED and ORDERED the Complaint hereby is DISMISSED, with prejudice.

By the Court.