TOWN OF ASHLAND, by and through its Board of Selectmen vs. NSTAR GAS COMPANY, d/b/a Eversource Energy

Plaintiff Town of Ashland, by and through its Board of Selectmen, filed this action on August 23, 2019. The Town's complaint contained two counts. In Count I, the Town sought a declaration that defendant NSTAR Gas Company, doing business as Eversource Energy ("Eversource"), does not enjoy the power under two separate easements across Town-owned property to leave a decommissioned, inactive pipe within those easements. In Count II of its complaint, the Town sought an injunction "forbidding Eversource from claiming rights adverse to the Town's ownership rights and from claiming rights inconsistent with the Easement which restricts use of the [easement] corridor to one and only one pipe line . . . . "

Eversource answered the Town's complaint. The parties subsequently filed cross-motions for summary judgment. The Court heard argument on those motions in May 2020. For the reasons set forth in the Decision issued this day, the Court (a) DENIES Eversource's motion for summary judgment, (b) GRANTS the Town's cross-motion for summary judgment on Count I of its complaint, and (c) DENIES the Town's cross-motion for summary judgment on Count II of its complaint and DISMISSES that complaint pursuant to Rule 12(b)(6), Mass. R. Civ. P. The Court thus:

ORDERS, ADJUDGES, and DECREES that judgment hereby enters in FAVOR of plaintiff the Town of Ashland, by and through its Board of Selectmen (the "Town"), and AGAINST defendant NSTAR Gas Company, doing business as Eversource Energy ("Eversource"), on Count I of the Town's Complaint.

ORDERS, ADJUDGES, and DECREES that Eversource and its successors and assigns do not have the right under the Agreement for Right of Way executed by Edith P. Stone and Frank D. Stone on April 5, 1951, as registered at the Middlesex Registry District of the Land Court (the "Land Court Registry) on April 11, 1951 as Doc. 249237 and on the memorandum of encumbrances for Certificate of Title No. 46502, to leave a decommissioned, inactive pipe beneath the property described in that Certificate, also known as 0 Metropolitan Avenue, Ashland, Massachusetts.

ORDERS, ADJUDGES, and DECREES that Eversource and its successors and assigns do not have the right under the Order of Taking Made by Board of Directors By Northeastern Gas Transmission Company dated July 13, 1951 and recorded at the Middlesex District Registry of Deed (the "District Registry") on July 19, 1951 in Book 7772, Page 162, to leave a decommissioned, inactive pipe beneath the property known as 0 Prospect Street, Ashland, Massachusetts, as described in a Judgment in Tax Lien Case entered August 24, 2006 that was recorded at the District Registry on September 15, 2006 in Book 48169, Page 47.

ORDERS that Count II of the Town's complaint be, and is hereby, DISMISSED.

Upon payment of all required fees, a certified or attested copy of this Judgment and Order of Dismissal may be registered at the Land Court Registry (and noted on the appropriate memorandum of encumbrances) and recorded at the District Registry (and marginally referenced on all relevant documents).

SO ORDERED.