Home ANTHONY PELULLO as trustee of the Pelullo Family Trust v. H&R DEVELOPMENT LLC, NATICK UPLAND LLC, MICHAEL WARE and LISA WARE

MISC 10-431229

January 14, 2013

MIDDLESEX, ss.

Long, J.

JUDGMENT

For the reasons set forth in the courtÂ’s Decision of this date, Mr. Pelullo is awarded $10,494.50 in damages against H&R Development LLC and an affirmative injunction against all defendants to construct the access route depicted on Exhibit 2 (attached). Additionally, all future use of Upland Road for access to the lots owned by Natick Upland LLC and Michael and Lisa Ware is ENJOINED and PROHIBITED until that access route is completed or a bond in the amount of $60,000 is posted to ensure its construction. This part of the judgment is STAYED for 30 days to allow Natick Upland and the Wares a reasonable opportunity to post the bond and begin construction. If the defendants do not promptly begin construction, the plaintiff may construct the access route himself using proceeds from the bond to pay for it.

SO ORDERED.

By the court (Long, J.)