Plaintiffs Edward O. Handy, III, Susan S.H. Littlefield, John E. Handy and Seth H. Handy ("the Plaintiffs"), the owners of two unimproved and otherwise landlocked parcels of land in Barnstable, Massachusetts ("the Premises"), brought this action to establish a right of access over Flint Rock Road and Boulder Road in Barnstable ("the Subject Roads") for the benefit of the Premises. The Plaintiffs commenced this action with the filing of a complaint on December 3, 2014, which was subsequently amended on March 2, 2015 and again on July 6, 2015 ("the Second Amended Complaint"). All defendants except Craig Mudie, Lynne Mudie, Francis Sayers, Karen Sayers and Kathleen O'Brien were defaulted pursuant to Mass. R. Civ. P. 55(a) on March 11, 2016. Craig Mudie and Lynne Mudie answered on July 24, 2019. Francis Sayers, Karen Sayers, and Kathleen O'Brien answered on July 27, 2015.
The matter was tried on August 7, 2019. The court (Roberts, J.) has determined in a decision of even date that judgment shall enter dismissing Count I of the Second Amended Complaint with prejudice and, on Count II of the Second Amended Complaint, declaring the parties' rights in and over the Subject Roads.
In accordance with the Court's decision, it is
ORDERED and ADJUDGED that Count I of the Second Amended Complaint is dismissed with prejudice.
It is further
ORDERED, ADJUDGED and DECLARED on Count II of the Second Amended Complaint that the Subject Roads are private ways open to public use. That public use, however, is terminable at will by the owners of the fee in the Subject Roads and does not include the right, among other things, to install utilities.
It is further
ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties' claims in this case, and all prayers for relief by any party in this action that were not granted in the preceding paragraphs are denied.
It is further
ORDERED and ADJUDGED that upon payment of all required fees, this Judgment, or a certified copy of it, may be recorded at the Barnstable County Registry of Deeds and marginally referenced on all relevant documents.
SO ORDERED
EDWARD O. HANDY, III, SUSAN S.H. LITTLEFIELD, JOHN E. HANDY, and SETH H. HANDY v. ESTATE OF KRYSTYNA DUBOIS, through its Personal Representatives, STEFAN AND ANNA MISKA; CRAIG AND LYNNE MUDIE; ANDREW VOIKOS; RALPH AND VIRGINIA CAHOON; AGNES M. SORENSON TRUST, through its Trustee, RICHARD SORENSON, JR.; JOHN AND DOROTHY O'CONNELL; PETER AND JESSICA BURKE; GOONEY BIRD REVOCABLE TRUST, through ADAM G. LAMBERT and SUZANNE LAMBERT, Co-Trustees; FRANCIS AND KAREN SAYERS; KATHLEEN O'BRIEN; ROBERT AND SUE BRITNELL; JEFFERY AND JOANNE HASTINGS; JOHN AND SALLY ORCUTT; DAVID AND ANGELA ABATE; RONALD AND SIMONE PERRIER; SULLIVAN REAL ESTATE TRUST, through its Trustee, DONALD MCCLURE.