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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-05
Status Open
Type Miscellaneous|Ota Other
Docket 25 entries

Parties

Plaintiff Nantucket Islands Land Bank
Defendant Ziesing, Hunter S.|Ziesing, Marcy E.

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433088 Date: 08/05/2022
  4. Land Court surcharge Receipt: 433088 Date: 08/05/2022
  5. Land Court summons Receipt: 433088 Date: 08/05/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Glenn A Wood, Esq. [email protected] Defendant: Hunter S. Ziesing Co-Trustee of the Lampoon Nominee Trust No addresses available Defendant: Marcy E. Ziesing Co-Trustee of the Lampoon Nominee Trust No addresses available Sent On: 08/25/2022 10:48:16
  8. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 10/05/2022 Time: 10:45 AM
  9. Certificate of Acceptance of Service, filed. Attorney Daniel J. Bailey Accepted Service on Behalf of Hunter S. Ziesing and Marcy E. Ziesing
  10. Answer of Hunter S. Ziesing Co-Trustee of the Lampoon Nominee Trust, Marcy E. Ziesing Co-Trustee of the Lampoon Nominee Trust filed. and Counterclaims
  11. Joint Statement for Case Management Conference, filed.
  12. Nantucket Islands Land Bank Answer to the Defendant's Counterclaims, filed.
  13. Event Resulted: Case Management Conference scheduled on: 10/05/2022 10:45 AM Has been: Held via video Hon. Kevin T. Smith, Presiding October 5, 2022. Case management conference held via videoconference. Early intervention event held. Attorney Michele Hunton appeared for the plaintiff. Attorney Daniel J. Bailey appeared for the defendant. Plaintiff is seeking a declaratory judgment, pursuant to G. L. c. 231A, § 1, that defendant's barn interferes with the use and enjoyment of plaintiff's access easement. Following colloquy, the court adopted the parties' proposed discovery deadline of May 15, 2023. The court requested a written report by May 15, 2023 informing the court whether either party plans to file a dispositive motion. Based on the status report, the court will schedule a status conference to discuss a briefing schedule or a trial date, if appropriate. Before the court adjourned, Attorney Hunton informed the court that the plaintiff plans to file a motion for a preliminary injunction in the coming weeks. (Smith, J.).
  14. Plaintiff's Motion for Preliminary Injunction, filed.
  15. Plaintiff Memorandum in Support of Preliminary Injunction filed.
  16. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing on Application for Preliminary Injunction Date: 11/21/2022 Time: 11:30 AM
  17. Appearance of Kathleen M Heyer, Esq. for Hunter S. Ziesing Co-Trustee of the Lampoon Nominee Trust, Marcy E. Ziesing Co-Trustee of the Lampoon Nominee Trust, filed
  18. Event Resulted: Hearing on Application for Preliminary Injunction scheduled on: 11/21/2022 11:30 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
  19. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing on Application for Preliminary Injunction Date: 11/28/2022 Time: 09:30 AM
  20. Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, filed (by email).
  21. Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, filed.
  22. Event Resulted: Hearing on Application for Preliminary Injunction scheduled on: 11/28/2022 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 28, 2022. Hearing on Plaintiff's Motion for Preliminary Injunction held via videoconference. Attorney Michele Hunton appeared for the plaintiff. Attorney Kathleen Heyer appeared for the defendants. Plaintiff filed a Motion for Preliminary Injunction pursuant to Massachusetts Rule of Civil Procedure 65, asking the court to require the defendant Trust to relocate its barn and to enter an order enjoining the Trust from obstructing or otherwise interfering with the plaintiff's full use of the easement across defendant's property to access Lily Pond Park. Plaintiff argued that the location of the barn and parked cars on defendants' property causes irreparable harm to the use and enjoyment of the easement. Defendants argued that plaintiff's use of the easement is not unreasonably impeded because plaintiff is still able to cross defendant's land to obtain access to its benefitted land. Following argument, the court denied the plaintiff's Motion for Preliminary Injunction. The court stated that the plaintiff has not established a likelihood of success on the merits and that the balance of harms between the parties tips in favor of the defendants and also supports denying the motion. To require the defendants to move their barn at this early stage of the case would impose a significant burden on the defendants, and that burden is not outweighed by the plaintiff's impeded access to the easement area, particularly where there is ample room for the plaintiff to cross defendants' land. The court advised defendants' counsel that defendants must be vigilant in keeping the parking area clear of cars so that plaintiff can continue to use the easement to cross defendants' land. If defendants do not keep the area free of cars so that the plaintiff has unimpeded access, the plaintiff may renew the Motion for Preliminary Injunction. The court ordered the parties to attend a mediation screening with REBA within 30 days. (Smith, J.).
  23. Order Referring Case to Alternative Dispute Resolution Screening Session, ISSUED (Smith, J.). Judge: Smith, Hon. Kevin T.
  24. ADR referral to REBA Dispute Resolution, Inc. issued. Judge: Smith, Hon. Kevin T.
  25. Joint Motion to Continue Deadlines, filed (by email).

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