THOMAS RUBLE, in his capacity as, BUILDING COMMISSIONER and ZONING ENFORCEMENT OFFICER of the TOWN OF ROCKLAND; and TOWN OF ROCKLAND vs. ROBERT DELPRETE

On July 9, 2018, plaintiffs Thomas Ruble, in his capacity as Building Commissioner and Zoning Enforcement Officer of the Town of Rockland, and the Town of Rockland filed in this action a complaint for contempt against defendant Robert DelPrete.

On September 24, 2018, this contempt action came on to be tried to the court (Piper, C.J.). At the close of the evidence, the court directed post-trial submissions be filed, and then heard argument by the parties’ counsel, subsequently taking the matter under advisement. A decision on the complaint for contempt has been issued today, in which the court has made findings of fact and rulings of law. In accordance with the court's decision issued today, it is

ORDERED and ADJUDGED that defendant Robert DelPrete is in contempt of this court for violation of the Agreement for Judgment entered into between DelPrete and the municipal plaintiffs, filed with the court September 20, 2017, and approved by the court on September 25, 2017 pursuant to Land Court Rule 10. It is further

ORDERED and ADJUDGED that the court does not order the defendant himself to carry out the demolition of the house on the Property at 320 Concord Street owned by the defendant, nor that plaintiff himself carry out the restoration of the Property following a demolition of that house. Instead, the plaintiffs may, after this Judgment becomes final, and upon sixty (60) days prior written notice to the defendant, order the defendant and all others present in the house to vacate the house, and to remove or abandon all personal property in the house and on the Property, and the plaintiffs thereafter may directly (or by contractors they engage), enter upon the land located at 320 Concord Street, Rockland, Plymouth County, Massachusetts, and complete in a safe, lawful and proper manner the demolition of the residential structure on the Property, and the restoration of the Property to a safe and lawful condition after that demolition. It is further

ORDERED and ADJUDGED that upon completion of the demolition of the nonconforming structure and the restoration of the Property following that demolition, plaintiffs are to file with the court and serve upon defendant a written report detailing the accomplishment of the work, as well as a detailed affidavit of all directly associated fees, expenses and costs (including the legal fees and costs associated with this contempt proceeding) and a request for an order for payment by defendant DelPrete to the Town of all such direct, reasonable and proper amounts; if any such ordered amounts are not paid promptly by DelPrete to the Town, the plaintiffs may apply to the court for the issuance of a writ of execution in the unpaid amount. It is further

ORDERED and ADJUDGED that, unless the court (on its own motion or that of any party) for good cause otherwise orders, the Town shall commence within six (6) months of this Judgment becoming final the demolition of the nonconforming structure which by this Judgment the Town is authorized to carry out.