WILLIAM W. THOMAS v. ERIC S. MEDEIROS, JEFFREY M. MEDEIROS, THE ESTATE OF ERNEST A. MEDEIROS, and THE RESOURCE, INC. FOR COMMUNITY AND ECONOMIC

Plaintiff William W. Thomas ("Mr. Thomas") brought this action on February 1, 2018 against defendants Eris S. Medeiros ("Eric"), Jeffrey M. Medeiros ("Jeffrey"), and The Estate of Ernest A. Medeiros (collectively, "the Defendants"), claiming to be the owner of 75 Rogers Path, West Tisbury, Massachusetts, designated as Map 15, Lot 14 by the West Tisbury Assessor ("Lot 14" and "the Assessor," respectively); 613 State Road, West Tisbury, designated as Map 15, Lot 30 ("Lot 30") by the Assessor; and 64 Rogers Path, West Tisbury, designated as Map 22, Lot 45 ("Lot 45") by the Assessor (collectively, "the Subject Property"). The Defendants disputed Mr. Thomas' claims and asserted their ownership of the Subject Property.

Mr. Thomas' amended complaint, filed on December 5, 2018 ("Amended Complaint"), added The Resource, Inc. For Community and Economic Development ("CED") [Note 1] and repeated his claims from the original complaint for a writ of entry pursuant to G.L. c. 237, §1 et seq. (Count I), to try title pursuant to G.L. c. 240, §§1-5 (Count II), to quiet title pursuant to G.L. c. 240, §§6-10 (Count III), for a declaration of rights pursuant to G.L. c. 231A, §1 (Count IV), for equitable relief pursuant to G.L. c. 185, §1(k) to enforce whatever declaratory relief might be granted (Count V, really a remedy rather than a claim), and for trespass based on the Defendants' unauthorized entry (Count VI), all with respect to the Subject Property. By way of counterclaim ("the Counterclaim"), the Defendants sought a declaratory judgment that Eric and Jeffrey are the owners of Lot 14 and that Eric is the owner of Lots 30 and 45 (Count I), to try title pursuant to G.L. c. 240, §1 (Count II), to quiet title pursuant to G.L. c. 240, §§6-10 (Count III), and to obtain an adjudication that Eric and Jeffrey hold title to Lots 14, 30 and 45 by virtue of their and their predecessors' in title adverse possession of the same (Count IV). By stipulation docketed on November 4, 2019, the parties agreed "for purposes of trial that Ernest A. Medeiros established title by adverse possession to [Lot 14]," thus resolving the claims between Mr. Thomas, Jeffrey and the Estate and leaving the claim between Mr. Thomas and Eric over ownership of Lots 30 and 45 in dispute.

This matter was tried over four days from November 18 through 21, 2019 on Martha's Vineyard. In a memorandum of decision of even date, the court (Roberts, J.) determined that judgment should enter (1) dismissing Count II of the Amended Complaint and Count II of the counterclaim for lack of subject matter jurisdiction, (2) dismissing Counts I, III, V and VI of the Amended Complaint with prejudice, (3) dismissing Counts II and IV of the counterclaim without prejudice, and (4), on Count IV of the Amended Complaint and Count I of the counterclaim, declaring that Mr. Thomas does not have record title or possession of Lots 30 or 45.

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

ORDERED and ADJUDGED that Counts I, III, V and VI of the Amended Complaint are dismissed with prejudice.

It is further

ORDERED and ADJUDGED that Count II of the Amended Complaint and Count II of the counterclaim are dismissed for lack of subject matter jurisdiction.

It is further

ORDERED and ADJUDGED that Count II and Count IV of the counterclaim are dismissed without prejudice.

It is further

ORDERED, ADJUDGED and DECLARED on Count IV of the Amended Complaint and Count I of the counterclaim that Mr. Thomas holds whatever interest he has in Lots 30 and 45 in a constructive trust for the heirs of Carrie M. Luce, and that he does not have record title or possession of Lots 30 or 45.

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 a certified copy of this Judgment may be recorded in the Dukes County Registry of Deeds and entered on the margin of all relevant documents upon payment of all fees therefor as required by law.

SO ORDERED.