This is an action for declaratory relief brought pursuant G. L. c. 231A, by the governing board of a residential condominium in Bellingham against the declarant of the condominium and a purported ground lessee of the declarant. Plaintiff Board of Trustees of the Old Stone Bridge Acres Condominium Trust filed its complaint on June 8, 2010, which was amended July 2, 2010. On August 2, 2010, Defendant Richard E. Terrill, in his capacity as sole trustee of the Longview Realty Trust, and Defendant Bellingham Condo II, LLC, filed their joint answer which included one counterclaim.
On February 8, 2011, the parties filed cross-motions for summary judgment. Plaintiff moved for summary judgment on Counts I through VIII of its Amended Complaint and on Defendants Counterclaim. Defendants moved for summary judgment on all claims for declaratory relief. A hearing was held on March 2, 2011, after which the cross-motions were taken under advisement. On June 24, 2011, the parties filed a Stipulation of Dismissal as to Count IX of the Amended Complaint, and subsequently this court issued a stay in this matter based on the parties anticipation of a settlement of the issues between them. The stay was lifted when counsel informed the court that the settlement discussions had terminated. A decision of todays date has issued in Plaintiffs favor.
In accordance with that decision, it is hereby
ADJUDGED and DECLARED that all phasing rights reserved to Longview under the OSB Condominium Master Deed recorded with the Norfolk County Registry of deeds in Book 17826, at Page 307,expired on December 13, 2009, and have not been revived; it is further
ADJUDGED and DECLARED that the 2009 Ground Lease entered into by and between Defendants cannot be enforced against Plaintiff as Longview did not have the authority to enter into the Ground Lease, the leased premises having been submitted to the provisions of G. L. c. 183A, and constituting common area of the OSB Condominium; it is further
ADJUDGED and DECLARED that neither Defendant has any right to construct twenty dwelling units of a separate condominium on the Phase VI, Part 6 land, which was submitted to the OSB Condominium as common area when the Sixteenth Amendment to the OSB Condominium Master Deed was recorded. The Phase VI, Part 6 land is shown on a site plan recorded with the Sixteenth Amendment, entitled: Phase 6 Part 6, The Village at Old Stone Bridge Condominium, recorded on November 24, 2009, as Plan 72 of 2009 in Plan Book 596; and it is further
ADJUDGED and ORDERED that Defendants, and those acting by, through or under them, hereby are enjoined permanently from entering upon the common areas of the OSB Condominium for the purpose of undertaking any construction thereon or for any other purpose, including connecting to a certain sewage treatment plant which is leased by OSB Condominium as tenant. (See Notice of Lease recorded in Book 2119, at Page 569.)