OCB PLYMOUTH REAL ESTATE, LLC v. MEDICI V. REALTY LLC and HENRY A. STOUT, individually and as TRUSTEE of STOUT COMMERCE WAY TRUST

Plaintiff OCB Plymouth Real Estate, LLC ("OCB"), the owner of property located at 146 Industrial Park Road, Plymouth, Massachusetts, brought this action on February 7, 2019 against defendants Medici V Realty LLC ("Medici"), the owner of property located at 148 Industrial Park Road, Plymouth, Massachusetts ("the Medici Parcel"), and Henry A. Stout ("Mr. Stout"), individually and as Trustee of Stout Commerce Way Trust, in which capacity Mr. Stout is the predecessor in title to OCB and Medici and is the owner of property located at 144 Industrial Park Road, Plymouth, Massachusetts. OCB's complaint ("the Complaint") alleges that the proposed development of a one-story building on the Medici Parcel ("the Proposed Building") violates an agreement entitled "Common Development Scheme Agreement Resnik Road Development" ("the Agreement") and seeks enforcement of the Agreement (Count I) and a declaration as to whether the Proposed Building violates the Agreement (Count II). Both defendants answered and Medici filed a counterclaim seeking a declaration as to whether the Proposed Building violates the Agreement.

This matter was tried over two days on October 30 and 31, 2019. Closing arguments were held on December 6, 2019. In a memorandum of decision of even date, the court (Roberts, J.) has determined that the Proposed Building does not violate the Agreement and, to the extent still relevant, (1) that the Design Parameters provision set forth in the Agreement is not specifically enforceable by OCB with respect to the Proposed Building, but enforceable by an award of damages only, and (2) that the defendants did not carry their burden of proof with respect to their affirmative defenses.

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

ORDERED and ADJUDGED that Count I of the Complaint is dismissed with prejudice.

It is further

ORDERED, ADJUDGED and DECLARED on Count II of the Complaint and on Count I of Defendant Medici V Realty LLC's Counterclaim that the Proposed Building does not violate the Agreement; that, were the Proposed Building found to violate the Agreement, OCB's remedy would be by way of award of damages only, not specific performance; and that Medici and Mr. Stout failed to establish the affirmative defense of laches and that Medici failed to establish the affirmative defense of waiver.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of 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, upon payment of all required fees, this Judgment or a certified copy of it may be filed in the Registry of Deeds for Plymouth County and referenced on the margin of all relevant documents.