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Case Information
Filed
2022-09-08
Status
Open
Type
Miscellaneous|Mtb Try Title, G.l. Chapter 240, § 1 5
Docket
39 entries
Parties
Plaintiff
Mc Evoy, Robert P.
Defendant
The Town Of Hull
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 433956 Date: 09/08/2022
- Land Court surcharge Receipt: 433956 Date: 09/08/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Plaintiff's Motion for Preliminary Injunction, filed.
- Plaintiff's Memorandum of Law in Support of its Motion for Preliminary Injunction, filed.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Adam J Brodsky, Esq. [email protected] Sent On: 09/20/2022 11:17:24
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 11/04/2022 Time: 10:00 AM Counsel notified via email.
- Assented to Motion to Continue the Case Management Conference, filed.
- Assented to Motion to Continue the Case Management Conference ALLOWED. Both the Case Management Conference and Plaintiff's Motion for a Preliminary Injunction are rescheduled to December 5, 2022 at 11:30 am. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- Event Resulted: Case Management Conference scheduled on: 11/04/2022 10:00 AM Has been: Rescheduled to December 5, 2022 at 11:30 am. Hon. Diane R. Rubin, Presiding
- Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Rubin, Hon. Diane R. Event: Hearing on Preliminary Injunction Date: 12/05/2022 Time: 11:30 AM
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 12/05/2022 Time: 11:30 AM Counsel notified via email.
- Summons returned to Court with service on The Town of Hull filed. Service was accepted by Town Counsel for Town of Hull on November 28, 2022.
- Case Management Conference Memorandum, filed.
- Event Resulted: Case Management Conference scheduled on: 12/05/2022 11:30 AM Has been: Held via video Hon. Diane R. Rubin, Presiding
- Event Resulted: Hearing on Preliminary Injunction scheduled on: 12/05/2022 11:30 AM Has been: Case management conference held via videoconference. Attorneys Adam Brodsky and Jeffrey Katzenstein appeared on behalf of the plaintiff, who was present, and Attorneys James Lampke and Nathaniel Stevens appeared on behalf of the defendant. Court is in receipt of the parties' Case Management Conference Memorandum. This case is a try title action, pursuant to G.L. c. 240, §§ 1-5, concerning a portion of Beach Avenue in Hull. Plaintiff owns lots on either side of Beach Avenue (the so-called house lots and beach lots) and maintains a porch on the beach lots which may be located, at least in part, within the unpaved portion of Beach Avenue. Using screenshare, court discussed with counsel Exhibit A to the Case Management Conference Memorandum and the layout of Beach Avenue and the lots at issue. Court then questioned whether others who may have an interest in Beach Avenue should be added as interested parties, and whether this case should be consolidated with the currently pending Land Court Case No. 22 MISC 000035, which involves another portion of Beach Avenue, so as to avoid conflicting judgments. Following colloquy and by December 31, 2022, plaintiff to file an amended complaint, including a copy of the 1885 plan referenced in the complaint and clearly defining the premises at issue, either with reference to a plan or with a metes and bounds description. By January 31, 2023, defendant to file an answer to the amended complaint, clarifying the Town of Hull's interest in the portion of Beach Avenue at issue, whether as a public street by layout, a public street by prescription, or otherwise. By March 15, 2023, plaintiff to file a current survey of the property. Further case management conference scheduled for March 1, 2023, at 9:30 A.M., with parties to file by February 22, 2023, a further Case Management Conference Memorandum, advising as to whether additional parties should be joined, whether this case should be consolidated with 22 MISC 000035, prospects for settlement or mediation, and providing a proposed discovery schedule. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 03/01/2023 Time: 09:30 AM
- Appearance of Jeffrey Hunt Katzenstein, Esq. for Robert P. McEvoy Trustee of the Malta Street 2015 Realty Trust, filed
- Plaintiff's Amended Verified Complaint, filed.
- Defendant's Answer to Plaintiff's Amended Verified Complaint, Defenses, and Defendant's Counterclaims, filed.
- Plaintiff's Answer to Defendant's Counterclaim, filed.
- Second Joint Case Management Conference Memorandum, filed.
- Plaintiff's Current Survey of the Subject Property, filed.
- Event Resulted: Case Management Conference scheduled on: 03/01/2023 09:30 AM Has been: Status conference held via videoconference. Attorneys Adam Brodsky and Jeffrey Katzenstein appeared on behalf of the plaintiff and Attorneys James Lampke and Nathaniel Stevens appeared on behalf of the defendant. Court is in receipt of the Plaintiff's Amended Verified Complaint; Defendant's Answer to Plaintiff's Amended Verified Complaint, Defenses, and Defendant's Counterclaims; Plaintiff's Answer to Defendant's Counterclaim; Second Joint Case Management Conference Memorandum; and Plaintiff's Current Survey of the Subject Property. Using screenshare, court first discussed with counsel Plaintiff's Current Survey of the Subject Property, with Attorney Brodsky confirming that Plaintiff holds title to lots on either side of Beach Avenue (the so-called house lots and beach lots) and maintains a concrete patio which may be located, at least in part, within the unpaved portion of Beach Avenue. Attorney Brodsky further confirmed Plaintiff now claims title to a portion of Beach Avenue under the derelict fee statute, and potentially by adverse possession. Court then discussed whether any additional parties should be added, either because they may have an interest in the portion of Beach Avenue claimed by Plaintiff or because they may have similar claims as owners of land conveyed out of the Nantasket Company Plan (as that plan is identified in the Amended Verified Complaint), and confirmed that this case will not be consolidated with the currently pending Land Court Case No. 22 MISC 000035. Following colloquy and by May 1, 2023, Plaintiff to file a Second Amended Verified Complaint, appending a supplemental survey demarcating the area claimed by Plaintiff and providing dimensions of the disputed areas (for each of the following, for instance: the concrete patio, paved portions of Beach Avenue, width and midpoint of Beach Avenue, areas of Beach Avenue claimed by Plaintiff, etc.) and clarifying the relief sought. Plaintiff also to name as interested parties the owners of lots on the portion of Beach Avenue between Malta Street and Revere Street, serving the complaint, along with a notice (to be agreed upon by counsel for both parties and to include the next status conference date of June 6, 2023, at 9:30 A.M.), at those Beach Avenue properties as well as by certified mail to the addresses on file with the Town of Hull Assessors. Further status conference scheduled for June 6, 2023, at 9:30 A.M. Following filing of the Second Amended Verified Complaint and by June 1, 2023, counsel to file a Motion for Service by Publication in a local newspaper (such as the Hull Times) along with a request for a status conference and a proposed notice, with such notice to identify the Nantasket Company Plan and the nature of the claims in this action (to be agreed upon by counsel for both parties). By July 1, 2023, Defendant's counsel to advise the court as to whether defendant agrees with the survey plan filed along with the Second Amended Verified Complaint. Finally, court put in place the following discovery schedule: By February 29, 2024, discovery to be complete, to include expert designations and disclosures. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/06/2023 Time: 09:30 AM
- Plaintiff's Second Amended Verified Complaint, filed.
- Defendant Town of Hull's Answer to Plaintiff's Second Amended Verified Complaint, Defenses, and Defendant's Counterclaims, filed.
- Joint Motion for Service by Publication, filed.
- Summons returned to Court with service on Bermaken Hotel, LLC, Matthew Kay, Daniel Gordon, Fredda Gordon filed. All served at the last and usual place of abode on June 1, 2023.
- Summons returned to Court with service on Eric Gulko Trustee of the Bula Realty Trust filed. Served In-Hand on June 1, 2023.
- Summons returned to Court with service on Catherine Millard filed. Served at the last and usual place of abode and by mailing first class mail on June 1, 2023.
- Summons returned to Court with service on Jacob Silverstein Trustee of the 43 Beach Avenue Realty Trust filed. Served In-Hand to Nancy Radner (adult living in the household) on June 1, 2023.
- Event Resulted: Status Conference scheduled on: 06/06/2023 09:30 AM Has been: Status conference held via videoconference. Attorneys Adam Brodsky and Jeffrey Katzenstein appeared on behalf of the plaintiff, Attorneys James Lampke and Nathaniel Stevens appeared on behalf of the defendant, and Interested Party Eric Gulko attended. Court is in receipt of Plaintiff's Second Amended Verified Complaint; Defendant Town of Hull's Answer to Plaintiff's Second Amended Verified Complaint, Defenses, and Defendant's Counterclaims; and the Joint Motion for Service by Publication. Court encouraged Eric Gulko (and any other interested parties) to file a Notice of Appearance in this case, so as to receive copies of filings and be provided an opportunity to be heard. Court discussed with counsel service on the newly joined interested parties, with Attorney Katzenstein to file an Affidavit of Service including a list of all interested parties and their addresses on Beach Avenue and as obtained from the Assessor's Office, as well as the addresses at which service was effectuated, and including any backup documentation. Court then ALLOWED the Joint Motion for Service by Publication, noting that the notice for publication did not mention the potential for access on Beach Avenue to be limited or impeded, and Attorney Brodsky confirmed that Plaintiff does not intend or desire to impede access over the public way, and will file a stipulation to that effect. Using screenshare, court then discussed with counsel the updated survey included as Exhibit 10 to the Plaintiff's Second Amended Verified Complaint. Following colloquy, Plaintiff to e-file the cleaner and more legible pdf copy of Exhibit 10 screenshared at today's conference, and by July 1, 2023, Defendant's counsel to advise the court as to whether defendant agrees with the dimensions of the revised survey plan. Finally, court discussed with counsel the merits of the case, and whether it is better suited for trial or motions for summary judgment, particularly given the adverse possession claims, and confirmed that discovery is to be complete by February 29, 2024. Attorney Stevens advised that dispositive motions are scheduled for the fall in the related Land Court Case No. 22 MISC 000035 (KTS), which may involve some of the same legal issues as this matter. Further status conference scheduled for September 8, 2023, at 10:00 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/08/2023 Time: 10:00 AM
- Letter, filed.
- Citation by publication in the Hull Times, returnable 08/07/2023, issued. (mailed and emailed copy to: James B. Lampke: [email protected]; Nathaniel Stevens [email protected]; Adam J. Brodsky [email protected]; Jeffrey H. Katzenstein [email protected])
- Defendant Town of Hull's Report to the Court Regarding the Plan in Exhibit 10 to Plaintiff's Second Amended Verified Complaint, filed.
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