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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-11-02
Status Closed
Type Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket 41 entries
Disposition judgment of dismissal

Parties

Plaintiff Merisier, Ernst
Defendant Ford, Monica

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 435591 Date: 11/02/2022
  4. and Court surcharge Receipt: 435591 Date: 11/02/2022
  5. and Court summons Receipt: 435591 Date: 11/02/2022
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent.
  8. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 12/08/2022 Time: 10:00 AM
  9. ffidavit of Counsel, filed.
  10. ummons returned to Court with service on Monica Ford As Tax Collector for the City of Everett filed.
  11. he Plaintiff, Ernst Merisier and the Defendant, Monica Ford as the Collector of Taxes for the City of Everett, hereby Submit their Joint Case Management Conference Report as Ordered, filed.
  12. he Court has reviewed the parties' case-management conference statement. The Court ORDERS the parties to be prepared at the upcoming conference to discuss (a) why the Tax Collector hasn't answered Mr. Merisier's complaint, (b) whether the Tax Collector made similar tax takings on other owners of units in Mr. Merisier's condominium, or on the associated condominium trust, and, if so, (c) why those owners or the trust shouldn't be given notice of this action. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Paul Michael Tellier, Esq. [email protected] Defendant: Matthew Szafranski, Esq. [email protected] Sent On: 12/03/2022 16:49:36
  13. efendant/Respondent's Answer to Plaintiff/Petitioner's Petition for Quiet Title and for a Declaratory Judgment Annulling Tax Talk, filed.
  14. vent Resulted: Case Management Conference scheduled on: 12/08/2022 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  15. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  16. elephonic case management conference and initial intervention event held. Both parties appeared through counsel. Plaintiff Ernest Merisier owns a unit in a three-building condominium. He claims that the defendant City of Everett has recorded a tax taking for unpaid water and sewer bills, allegedly assessed to the Condominium Association, that clouds Merisier's unit title. Merisier claims the taking's invalid. The City contends that the taking was valid, but that it doesn't attach to Merisier's unit title (instead, the City contends it attaches only to the Association's title). The City reports that it intends to confer with the Association about the unpaid utilities with the aim of clearing everyone's title of the taking. After hearing from the parties, the Court ORDERS the City to file by December 28, 2022 a report stating whether it believes it has resolved the outstanding charges that gave rise to the taking. The Court PROHIBITS the parties from filing any dispositive motions absent leave of Court. 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: George P Kiritsy, Esq. [email protected] Defendant: Paul Michael Tellier, Esq. [email protected] Defendant: Matthew Szafranski, Esq. [email protected] Sent On: 12/08/2022 14:07:05
  17. efendant/Respondent's Motion for Extension of Time (Three Weeks) to Provide Report to Court on the Status of Outstanding Charges, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  18. mail Response regarding Defendant/Respondent's Motion for Extension of Time (Three Weeks) to Provide Report to Court on the Status of Outstanding Charges from Attorney George Kiritsy, filed.
  19. efendant/Respondent's Status Report, filed.
  20. he Court has reviewed the Tax Collector's latest status report. The Court ORDERS the Tax Collector to file by February 17, 2023, a further status report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Paul Michael Tellier, Esq. [email protected] Defendant: Matthew Szafranski, Esq. [email protected] Sent On: 01/18/2023 15:20:24
  21. efendant/Respondent's Status Report, filed.
  22. he Court has reviewed the Tax Collector's latest report. The Court ORDERS the Collector to file her proposed motion to dismiss no later than March 3, 2023. The Court ORDERS Mr. Merisier to file by March 27, 2023, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Paul Michael Tellier, Esq. [email protected] Defendant: Matthew Szafranski, Esq. [email protected] Sent On: 02/17/2023 14:21:27
  23. espondent's Motion to Dismiss Petition for Quieting Title and Declaratory Judgment, filed.
  24. espondent's Memorandum of Law in Support of Motion to Dismiss Petition for Quieting Title and Declaratory Judgment, filed.
  25. he Court has received, and DENIES without prejudice to its refilling, the Collector's motion to dismiss. The motion doesn't comply with Land Court Rule 4, especially its requirement that the moving party provide a statement of material facts supported by references to admissible evidence. The Court ORDERS the Collector to file a complying motion by March 10, 2023. The Court ORDERS Mr. Merisier to file within 21 days of the motion any opposition to it. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Paul Michael Tellier, Esq. [email protected] Defendant: Matthew Szafranski, Esq. [email protected] Sent On: 03/03/2023 14:41:47
  26. espondent's Motion to Dismiss Petition for Quieting Title and Declaratory Judgment, filed.
  27. espondent's Memorandum of Law in Support of Motion to Dismiss Petition for Quieting Title and Declaratory Judgment, filed.
  28. espondent's Statement of Facts in Support of Motion to Dismiss, filed.
  29. ity of Everett Collector of Taxes' Appendix in Support of Motion to Dismiss, filed.
  30. laintiff's Opposition to Defendant's Motion to Dismiss, filed.
  31. laintiff's Opposition to Defendant's Motion to Dismiss by Reason of Mootness, filed.
  32. etitioner's Response to Respondent's Statement of Facts, filed.
  33. etitioner's Supplemental Appendix, filed.
  34. ertificate of Service, filed.
  35. espondent City of Everett Collector of Tax's Reply Brief in Support of Motion to Dismiss, filed.
  36. espondent's Supplementary Statement of Facts, filed.
  37. ffidavit of Keith Slattery, filed.
  38. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 04/19/2023 Time: 10:30 AM
  39. vent Resulted: Hearing scheduled on: 04/19/2023 10:30 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  40. earing held by videoconference on the City of Everett tax collector's motion to dismiss. The parties appeared through counsel. After hearing arguments from the parties, the Court takes the motion under advisement. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Paul Michael Tellier, Esq. [email protected] Defendant: Matthew Szafranski, Esq. [email protected] Sent On: 04/19/2023 11:22:17
  41. rder Granting Motion to Dismiss, issued. (Copies emailed to George P Kiritsy, Esq, Paul Michael Tellier, Esq., Matthew Szafranski, Esq) Judge: Vhay, Hon. Michael D.

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