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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-08-13
Status Closed
Type E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 9 entries
Disposition dismiss

Parties

Plaintiff Marrier, Trustee Of The Marrier Realty Trust, Robert J.
Defendant Poulin, Russell|Mac Donald, Leonora

Lawyers

Docket Entries

  1. Notice of Dismissal - Mass.R.Civ.P.41(a)(1)(i).
  2. Land Court surcharge Receipt: 453118 Date: 08/14/2024
  3. Case assigned to the Average Track per Land Court Standing Order 1:04.
  4. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  5. Complaint eFiled.
  6. Plaintiffs' Motion for Special Process Server, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  7. The case has been assigned to the A Track. Notice sent.
  8. The Court has reviewed Trustee Marrier's complaint. The complaint alleges that Defendants are trespassing on the Marrier Trust's property. The complaint doesn't allege, however, that Defendants are contesting the record boundary between the parties' properties or are claiming they've acquired prescriptive rights to the areas Defendants allegedly are occupying. Thus, in its current form, the complaint does not describe a controversy over "right, title, or interest in land" that's within the Land Court's jurisdiction. See c. 185, sec. 1(k). Instead, the complaint alleges only a trespass, a tort that's not within the Land Court's jurisdiction absent a dispute over who owns the site of the alleged trespass. The Court thus ORDERS Trustee Marrier to file by August 30, 2024, (a) an amended complaint that identifies a dispute over right, title, or interest in land; (b) a memorandum explaining why absent amendment the complaint is within the Land Court's jurisdiction; (c) a request for transfer of this action to the Superior Court; or (d) a notice of voluntary dismissal. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Anthony Moroso, Esq. [email protected] Sent On: 08/22/2024 15:28:04
  9. Notice of Voluntary Dismissal without Prejudice of Defendants, filed.

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