JANE C. HOFFMAN vs. MARTIN AIKENS, MICHAEL COVAIS, CHARLES O'BRIEN, BRIAN RADELL, RUSSELL CHIN, JOHN HIMMEL, and JEFFREY FRANKEL, as they are Members of the QUINCY ZONING BOARD OF APPEALS; and DANIEL DAVIS and ANNIE DAVIS

Plaintiff Jane C. Hoffman ("Ms. Hoffmann") commenced this action with the filing of a complaint on October 1, 2018 in which she (1) appealed from an adverse decision of the Quincy Zoning Board of Appeals ("the ZBA") upholding an order of the Quincy Director of Inspectional Services declining to enforce the Quincy Zoning Ordinance ("the Ordinance") with respect to a shed ("the Shed") constructed by defendants Daniel Davis and Annie Davis ("the Davises") within the boundaries of Oswego Street, a way abutting Ms. Hoffmann's and the Davises' properties (Count I); (2) asserted that the Davises, by erecting the Shed within the boundaries of Oswego Street, were interfering with Ms. Hoffmann's easement rights (Count II); and (3) requested the entry of a judgment declaring that the Davises' Shed interfered with Ms. Hoffmann's easement rights (Count III). During the course of these proceedings, the parties [Note 1] executed an Agreement for Judgment ("the Agreement") under the terms of which the parties agreed that the Shed was not in compliance with the Ordinance, although the Davises deleted that part of the Agreement describing the Ordinance's regulation of sheds, including the requirement of rear and side yard setbacks of six feet.

This case came on for hearing on September 20, 2019 on Ms. Hoffmann's Motion For Summary Judgment And Motion To Approve Agreement For Judgment and the Davises' Motion For Summary Judgment Of Defendants, Daniel Davis And Annie Davis. The court has determined in a decision of even date that summary judgment shall enter in Ms. Hoffmann's favor on all counts.

In accordance with the court's decision, it is hereby

ORDERED that the Motion For Approval Of Agreement For Judgment with respect to Count I of the complaint is ALLOWED. The Agreement is APPROVED pursuant to Land Court Rule 10, subject to the following limitation:

The court has not adjudicated the right, title or interest in and to the property as issue in this case, of or as to any person or entity who (i) is not an individually-named party to this proceeding, or (ii) does not hold his, her, or its interest in said property by, through or under an individually named party to this proceeding.

It is further

ORDERED, ADJUDGED and DECLARED on Counts II and III of the complaint (1) that the real property described in a deed from Ruth G. Gordon to Ms. Hoffmann dated September 30, 2001 and recorded at the Norfolk County Registry of Deeds ("the Registry") on October 1, 2001 at Book 15576, Page 147, has the benefit of an easement by estoppel over Oswego Street as shown on a plan entitled "Plan of Sea Shore Lots at Hough's Neck, Quincy, Mass., 1891, H.T. Whitman, Surveyor" and recorded at the Registry as Plan D0668-640; and (2) that the Davises have unreasonably interfered with that easement by placing the Shed and a boat and trailer within the layout of Oswego Street.

It is further

ORDERED, that on or before 5:00 p.m. on October 10, 2019 the defendants shall cause to be removed any objects placed by them or with their permission still remaining within the layout of Oswego Street that impede passage there over, including the Shed, boat and trailer at issue in this proceeding.

It is further

ORDERED that the defendants, their agents, servants, licensees, invitees and other persons in active concert with any of them who have actual notice of this order are permanently enjoined from interfering with plaintiffs (and her successors in title) right of passage over Oswego Street, including by placing any objects within the layout of Oswego Street that impede passage there over.

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 to this action that are not granted in the preceding paragraphs are denied.

It is further

ORDERED that a certified copy of this Judgment, accompanied by a certified copy of the executed Agreement as an attachment may, upon payment of all fees therefor as required by law, be filed in the Registry and entered on the margin of all relevant documents.

SO ORDERED.