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Case Information

Filed 2024-08-08
Status Closed
Type E Filed Mrc Determine Validity Of Encumbrances, G.l. Chapter 240, 11 14
Docket 26 entries
Disposition judgment

Parties

Plaintiff Fenix Partners Farm Road, Llc|Fenix Partners Farm Road Development, Llc
Defendant Town Of Sherborn|Town Of Sherborn Conservation Commission

Lawyers

Docket Entries

  1. Agreement for Judgment approved by the Court.
  2. Land Court surcharge Receipt: 452957 Date: 08/08/2024
  3. Case assigned to the Average Track per Land Court Standing Order 1:04.
  4. Complaint eFiled.
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Keith E Glidden, Esq. [email protected] Sent On: 08/15/2024 09:50:17
  7. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 10/02/2024 Time: 11:00 AM Counsel notified via email.
  8. Summons returned to Court with service on Town of Sherborn filed. Left with counsel for the Town, Michael K. Terry on August 14, 2024.
  9. Summons returned to Court with service on Town of Sherborn Conservation Commission filed. Left with counsel for the Town, Michael K. Terry on August 14, 2024.
  10. Summons returned to Court with service on Dudley Willis, Trustee of the Charlescote Farm Trust I & II filed. Served at the last and usual place of abode and by mailing first class mail on August 16, 2024.
  11. Summons returned to Court with service on Sally Willis, Trustee of the Charlescote Farm Trust I & II filed. Served at the last and usual place of abode and by mailing first class mail on August 16, 2024.
  12. Summons returned to Court with service on Fyre Real Estate, LLC filed. Served IN HAND to Carla Bisi, person in charge and duly authorized agent on August 16, 2024.
  13. Appearance of Michael K Terry, Esq., Christopher J Petrini, Esq., Heather Colleen White, Esq. for Town of Sherborn, Town of Sherborn Conservation Commission, filed
  14. Case Management Conference Joint Statement, filed.
  15. Event Resulted: Case Management Conference scheduled on: 10/02/2024 11:00 AM Has been: Initial Case Management Conference and early intervention event held via Zoom. Attorney Keith Glidden and Mary Petronio appeared on behalf of plaintiffs, with Bob Murchison present. Attorney Michael Terry appeared on behalf of defendant Town of Sherborn and Attorney Arnold Hunnewell appeared on behalf of defendants Sally Willis and Dudley Willis as Trustees of the Charlescote Farm Trust I & II. Defendant Fyre Real Estate, LLC failed to appear, though Attorney Glidden reported that he had been in communication with counsel for the Trusts, who preliminarily indicated that they may not dispute termination of the restrictions at issue. Court is in receipt of plaintiff's complaint and parties' Case Management Conference Joint Statement. At issue in this case is a restriction created by deeds dated May 1, 1979, and whether those restrictions are valid, have been terminated, and are enforceable by Defendants, encumbering the land owned by the plaintiffs which is proposed as the site of a Chapter 40B project. Following colloquy, parties expressed interest in reaching a mutually agreeable resolution. Status conference scheduled for November 20, 2024, at 2:00P.M.Hon. Diane R. Rubin, Presiding Counsel notified via email.
  16. Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
  17. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 11/20/2024 Time: 02:00 PM VIA ZOOM.
  18. Amended Complaint, filed.
  19. Event Resulted: Status Conference scheduled on: 11/20/2024 02:00 PM Has been: Continued to December 20, 2024 at 2:00 pm. Counsel to file a Joint Status Report by December 13, 2024. Hon. Diane R. Rubin, Presiding
  20. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 12/20/2024 Time: 02:00 PM Counsel notified via email.
  21. Joint Status Report, filed.
  22. Event Resulted: Status Conference scheduled on: 12/20/2024 02:00 PM Has been: Canceled Hon. Diane R. Rubin, Presiding
  23. Joint Motion for Approval and Entry of Agreement for Judgment, filed and ALLOWED. The court will sign off on the proposed order. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  24. Agreement for Judgment filed by the Parties.
  25. Proposed Order Approving and Entering Agreement for Judgment (Land Court Rule 10), filed.
  26. Order Approving and Entering Agreement for Judgment (Land Court Rule 10) Issued. Counsel sent copies via email. Judge: Rubin, Hon. Diane R.

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