Home LYNNDA LEBOEUF, SEAN LEBOEUF, MAUREEN BLAKE and ROLAND BLAKE Plaintiffs, v. ZPT ENERGY SOLUTIONS II, LLC. and THE TOWN OF WARREN PLANNING BOARD, by and through its Members: Derick R. Veliz, David Dufesne, Susan Libby, Drue King and Gary Norton Defendants

MISC 19-000514

NOVEMBER 4, 2020




Before the court is the Agreement for Judgment between Plaintiffs Lynnda LeBoeuf, Sean LeBoeuf, Maureen Blake and Roland Blake, and Defendants ZPT Energy Solutions, LLC and the Town of Warren Planning Board, by and through its Members, Derick R. Veliz, David Dufesne, Susan Libby, Drue King and Gary Norton, executed by counsel for all parties on November 2, 2020, and filed with this court on the same day along with a joint Motion to Approve Agreement for Judgment.

After review of the motion and the Agreement for Judgment, it is

ORDERED that the Motion to Approve Agreement for Judgment is ALLOWED. The Agreement for Judgment is APPROVED pursuant to Land Court Rule 10, subject, however, to the following conditions and limitations:

1. The court has not adjudicated the right, title, or interest, in and to, the property at 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.

2. In approving the Agreement for Judgment, the court has not reviewed, approved, or passed upon the terms and provisions of any other agreement, undertaking, document or conveyance, including without limitation any executed, entered into, or made pursuant to the settlement agreement hereby approved.

3. Any breach of, or failure to perform under, the Agreement for Judgment hereby approved, or any agreement, undertaking, document, or conveyance executed, entered into or made pursuant to the agreement hereby approved shall not constitute a contempt of this court; and any litigation concerning or arising under any such agreement, undertaking, document or conveyance may be brought in, and determined by, any court of competent jurisdiction.

4. This Order, or a certified copy of it, shall, upon payment of all fees therefor required by law, be recorded with the Worcester County Registry of Deeds, and entered on the margins of relevant instruments.

So Ordered.