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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-04-03
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 64 entries
Disposition judgment

Parties

Plaintiff Stronach, Jonathan
Defendant Marques, Jeanette Marie

Lawyers

Docket Entries

  1. Upon review of Ms. Marques's Removal Plan, and with the assent of Mr. Stronach, the Court ORDERS Ms. Marques, using Mr. Guy Nelson, to remove the encroaching stone wall (the "Wall"), in accordance with the Removal Plan, by March 1, 2024. The Court further ORDERS Marques to provide to Stronach's counsel the "before" and "after" photographs within 24 hours of their being taken, and to notify Stronach (through counsel) of when Marques considers the removal work complete (the "Notice"). The Court ORDERS the parties to confer within seven days of the Notice whether damage to the Fence has occurred, and to file with this Court within 21 days of the Notice any claims for non-compliance with this Order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 01/12/2024 10:47:16
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 439735 Date: 04/03/2023
  4. Land Court surcharge Receipt: 439735 Date: 04/03/2023
  5. Land Court summons Receipt: 439735 Date: 04/03/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Appearance of Patrick G Cook, Esq. for Jeanette Marie Marques, filed
  8. Defendant's Answer to Plaintiff's Verified Complaint, filed.
  9. Emergency Motion for Temporary Restraining Order Pursuant to M.R.C.P. 65, filed.
  10. Defendant's Affidavit in Support of Emergency Motion for Temporary Restraining Order Pursuant to M.R.C.P. 65, filed.
  11. The Court has received Ms. Marques's Emergency Motion for Temporary Restraining Order. The Court ORDERS the parties to appear by telephone on Friday, April 7, 2023, at 11:00 AM, for hearing on the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 04/05/2023 16:38:40
  12. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 04/07/2023 Time: 11:00 AM
  13. Plaintiff's Objection to Defendant's Emergency Motion for Temporary Restraining Order Pursuant to M.R.C.P. 65(a), filed.
  14. Event Resulted: Hearing scheduled on: 04/07/2023 11:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  15. Telephonic hearing held on Ms. Marques's Emergency Motion for Temporary Restraining Order. Both parties appeared through counsel. Defendant Jeanette M. Marques owns the property located at 595 Palmer Avenue in Falmouth, which she operates as an inn, the Frederick William House. Plaintiff Jonathan Stronach owns 600 Palmer Avenue. The parties dispute the boundary line between their properties and each therefore claims certain encroachments onto their property by the other. The parties have had surveys performed, at least two of which disagree as to the boundary location. Ms. Marques has moved for a Temporary Restraining Order pursuant to Mass. R. Civ. P. 65(a), and asks the Court to enjoin Mr. Stronach from constructing a fence or any other structure along what he contends is his boundary until there is a final resolution of this dispute. After hearing arguments from the parties, the Court GRANTS the motion in part, for the reasons stated on the record, and ORDERS the parties, their officers, agents, servants, employees, attorneys, and anyone in active concert or participation with them who receives actual notice of this order, by personal service or otherwise, are not to (1) construct or place any structure within three feet of any line shown on any of the parties' surveys as being a boundary line, and (2) damage or remove any structure (including drainage structures) within any area whose ownership the parties dispute. This Order is effective through April 14, 2023, at 12:00 PM. The Court is not requiring any security under Mass. R. Civ. P. 65(c) at this time because Mr. Stronach has not provided an estimate of the costs and damages he may incur on account of being wrongfully enjoined. The Court further ORDERS each party to inform the Court by noon on April 12, 2023, the earliest possible dates their surveyors and other witnesses are available to testify at trial. The Court may thereafter schedule a view of the properties and a trial. The Court further ORDERS Ms. Marques to send both of her surveys to Mr. Stronach by April 10, 2023. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 04/07/2023 16:10:14 Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 04/07/2023 16:10:15 Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 04/07/2023 16:10:49
  16. The case has been assigned to the F Track. Notice sent.
  17. Plaintiff, Jonathan Stronach's Report to Court Regarding Trial Date , filed.
  18. Email Report from Ms. Marques regarding Witnesses Availability, filed.
  19. The parties have reported when they'd be available for trial, although Mr. Stronach suggests he could prevail by a dispositive motion. The Court ORDERS the parties to appear for a telephonic status conference at noon on April 18, 2023. The Court EXTENDS the April 7, 2023, injunction in this case through the completion of the April 18, 2023, status conference. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 04/13/2023 11:30:19
  20. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 04/18/2023 Time: 12:00 PM
  21. Event Resulted: Status Conference scheduled on: 04/18/2023 12:00 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  22. Telephonic status conference held. Both parties appeared through counsel. After hearing from the parties, the Court ORDERS the parties to appear by telephone for a final pre-trial conference on June 7, 2023 at 4:00 PM. The Court further ORDERS the parties to appear for trial on June 13, 2023 and June 14, 2023; the Court will take a view of the properties on June 13, 2023 before holding trial at a location to be determined. A separate notice of pre-trial conference and an order in advance of trial will issue. The Court EXTENDS the injunction it issued on April 7, 2023, through the conclusion of the June 14, 2023 trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 04/19/2023 10:16:48
  23. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 06/07/2023 Time: 04:00 PM
  24. The Court shortly will be issuing an order in advance of trial, for a trial in this matter on June 22-23, 2023. The first day of trial will include a view, followed by testimony to be taken at the Plymouth County Courthouse. The second day of trial will be in Boston. The Court EXTENDS the preliminary injunction in this matter through the conclusion of the June 22-23, 2023 trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 05/12/2023 11:40:28
  25. Scheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 06/22/2023 Time: 09:30 AM
  26. Scheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 06/23/2023 Time: 09:30 AM
  27. Scheduled Judge: Vhay, Hon. Michael D. Event: View Date: 06/22/2023 Time: 08:30 AM
  28. Order in Advance of Trial, issued. (Copies emailed to Attorneys Michael Mineau, Randall Weeks, and Patrick Cook) Judge: Vhay, Hon. Michael D.
  29. Notice Regarding Witnesses, filed.
  30. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 06/05/2023 Time: 10:00 AM
  31. Event Resulted: Status Conference scheduled on: 06/05/2023 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  32. Nisi Order issued. Response Due on 06/16/2023.
  33. Event Resulted: Telephone Conference Call scheduled on: 06/07/2023 04:00 PM Has been: Canceled For the following reason: Case Reported Settled Hon. Michael D. Vhay, Presiding
  34. Event Resulted: View scheduled on: 06/22/2023 08:30 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Michael D. Vhay, Presiding
  35. Event Resulted: Trial scheduled on: 06/22/2023 09:30 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Michael D. Vhay, Presiding
  36. Event Resulted: Ongoing Trial scheduled on: 06/23/2023 09:30 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Michael D. Vhay, Presiding
  37. Joint Motion for Entry of Agreed Judgment, filed.
  38. After review, the Court GRANTS the parties' Joint Motion for Entry of Agreed Judgment. A separate judgment will issue. The Court VACATES all injunctions in this case as of 4:30 PM on the date of endorsement on the Agreed Judgment. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 06/20/2023 14:36:37
  39. Order Approving Agreement for Judgment, issued. (Copies emailed to Attorneys Michael Mineau, Randall Weeks, and Patrick Cook) Judge: Vhay, Hon. Michael D.
  40. Agreement for Judgment approved by the Court.
  41. Plaintiff's Motion for Post-Judgment Relief and/or to adjudge Defendant in Contempt, filed.
  42. The Court has received Mr. Stronach's motion for post-judgment relief. The Court DENIES the motion (without prejudice to its renewal) to the extent it seeks a judgment of contempt: the motion doesn't comply with Rule 65.3, Mass. R. Civ. P., in that regard. The Court nevertheless ORDERS Ms. Marques to file by October 18, 2023, any opposition to the remainder of the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 10/04/2023 12:56:21
  43. Opposition to Plaintiff's Motion for Post-Judgement Relief and/or to Adjust Defendant in Contempt, filed.
  44. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 10/30/2023 Time: 09:00 AM
  45. Event Resulted: Hearing scheduled on: 10/30/2023 09:00 AM Has been: Rescheduled For the following reason: Request of Defendant(s) Hon. Michael D. Vhay, Presiding
  46. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 11/08/2023 Time: 09:00 AM
  47. Affidavit of Thomas Smith Jr, filed.
  48. Affidavit of Jonathan Stronach, filed.
  49. Event Resulted: Hearing scheduled on: 11/08/2023 09:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  50. Hearing on Mr. Stronach's motion for enforcement of agreement for judgment held via video conference. The parties appeared through counsel. After hearing from the parties, the Court DENIES the motion for the reasons stated on the record. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 11/09/2023 07:59:04
  51. Emergency Motion for Temporary Restraining Order Pursuant to M.R.C.P. 65 (a), filed.
  52. The Court has received Ms. Marques's Emergency Motion for Temporary Restraining Order. The Court GRANTS the motion and ENJOINS Mr. Stronach from entering Ms. Marques's property pending completion of a hearing on Ms. Marques's claims that (a) her wall is not encroaching on the Stronach property; (b) if it is encroaching, Mr. Stronach assented to its location; and (c) the parties' agreed Judgment permits "de minimis" encroachments. The Court ORDERS the parties to appear for a hearing by Zoom on all three issues on November 27, 2023, at 2:30 PM. The Court ORDERS the parties to be prepared to present any evidence pertaining to Ms. Marques's claims "live" at the hearing (or to put it differently, the Court will not permit a party to present evidence by affidavit without the opposing party's assent). Should a party wish to subpoena witnesses, the party must notify the Sessions Clerk by no later than 4:00 PM on November 17, 2023, in which case the November 27, 2023, hearing will occur live in Boston at the Land Court. The parties need not put into evidence at the hearing the Judgment or the survey to which the Judgment refers. The Court anticipates that if it rules adversely to Ms. Marques, it will declare Mr. Stronach's rights under the Judgment to remove the disputed wall. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 11/16/2023 18:05:55
  53. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 11/27/2023 Time: 02:30 PM
  54. Email Confirming that Ms. Marques will subpoena witnesses, filed.
  55. Assented to Motion to Continue TRO Hearing, filed.
  56. Event Resulted: Hearing scheduled on: 11/27/2023 02:30 PM Has been: Rescheduled For the following reason: Request of Defendant(s) Hon. Michael D. Vhay, Presiding
  57. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 12/05/2023 Time: 02:00 PM
  58. Event Resulted: Hearing scheduled on: 12/05/2023 02:00 PM Has been: Held in person Hon. Michael D. Vhay, Presiding
  59. Day 1 of hearing held on Ms. Marques's motion for a temporary restraining order. Both parties appeared live at the Land Court. With the agreement of the parties, the Court CONTINUES the trial to a second day, by videoconference, starting at 2:00 PM on December 6, 2023. The Sessions Clerk will send the parties a Zoom link. Counsel are responsible for furnishing the link to all witnesses and other trial participants. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 12/05/2023 18:15:17
  60. Scheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 12/06/2023 Time: 02:00 PM
  61. Event Resulted: Trial scheduled on: 12/06/2023 02:00 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  62. Second day of evidentiary hearing on Ms. Robinson's motion for restraining order held. The parties appeared by videoconference. Having heard the parties' witnesses and reviewed the documents accepted into evidence, the Court GRANTS Ms. Robinson's motion in part and DENIES it in part. The Court HOLDS that Robinson's encroaching wall is not a "de minimis" encroachment, and that while it was not built with the intention of trespassing on the Stronach property, Robinson failed to exercise sufficient care in light of all of the circumstances (especially her agreement in June 2023 to settle the original disputes in this case) to make sure her wall didn't encroach. The Court further HOLDS that Robinson failed to prove that the cost of removing the wall is greatly disproportionate to the wall's continued occupation of the Stronach property, and she offered no proposals for protecting Stronach's property interests apart from her removing the wall. The Court FINDS that Stronach did not authorize placement of the wall in its encroaching location, did not mislead Robinson's contractors about the location of the parties' property line, and did not otherwise waive his right to have the wall removed. The Court nevertheless ORDERS Mr. Stronach and his agents and employees not to take any steps to remove any part of the encroaching wall themselves until further order of the Court. Instead, the Court ORDERS Ms. Robinson to file with the Court by January 5, 2024, a proposal (the "Proposal") for removing the wall's encroachments at her expense. The proposal must identify all contractors, specify the earliest date the project could begin, state whether Robinson must obtain permits to do the work, identify any measures contractors would take to protect Mr. Stronach's fence during performance of the project, and describe to what extent contractors would have to enter the Stronach property to perform the work. The Court ORDERS Mr. Stronach to file by January 12, 2024, any comments on or objections to the Proposal. The Court encourages the parties to confer over an agreed removal plan. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Randall T Weeks, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Defendant: Patrick G Cook, Esq. [email protected] Sent On: 12/07/2023 08:00:03
  63. Removal Plan, filed.
  64. Plaintiff, Jonathan Stronach's Response to Defendant's Removal Plan, filed.

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