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Case Information
Filed
2024-11-26
Status
Open
Type
E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1
Docket
33 entries
Parties
Plaintiff
Labonte, Alan J.|Labonte, Lynn A.
Defendant
New England Power Company
Lawyers
Docket Entries
- nswer, filed.
- and Court miscellaneous filing fee Receipt: 456337 Date: 11/26/2024
- and Court surcharge Receipt: 456337 Date: 11/26/2024
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- niform Counsel Certificate for Civil Cases filed by Plaintiff. (Courtesy copy received)
- he case has been assigned to the A Track. Notice sent. Judge: Smith, Hon. Kevin T. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Jeremia Ashley Pollard, Esq. [email protected] Sent On: 12/10/2024 12:43:47
- vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 01/15/2025 Time: 10:30 AM
- ummons returned to Court with service on New England Power Company doing business as National Grid USA filed. Served in hand to agent and person in charge at the time of service on December 17, 2024.
- ppearance of Nina L Pickering-Cook, Esq. for New England Power Company doing business as National Grid USA, filed
- oint Motion to Continue Case Management Conference, filed.
- anuary 7, 2025. Joint Motion to Continue Case Management Conference is ALLOWED. Case Management Conference continued to 9:00am on February 14, 2025. (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jeremia Ashley Pollard, Esq. [email protected] Defendant: Nina L Pickering-Cook, Esq. [email protected] Sent On: 01/07/2025 15:33:46
- vent Resulted: Case Management Conference scheduled on: 01/15/2025 10:30 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
- vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 02/14/2025 Time: 09:00 AM
- oint Case Management Statement, filed.
- vent Resulted: Case Management Conference scheduled on: 02/14/2025 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding February 14, 2025. Case Management Conference held via videoconference. Early intervention event held. Attorney Jeremia Pollard appeared on behalf of the Plaintiffs. Attorneys Nina Pickering-Cook and Kristina Chemareva appeared on behalf of the Defendant, New England Power Co., d/b/a National Grid USA. This is an action brought by the Plaintiffs for equitable contribution and private nuisance for the Defendant's use of an easement that runs through their property, which is located at 30 Labonte Avenue in North Adams. Attorney Pollard explained that his clients use a bridge to access their property; National Grid also uses the bridge to access an easement that it has on the Plaintiffs' property. National Grid originally built the bridge many years ago. At some point, the bridge fell into disrepair and, according to the Plaintiffs, became impassable. The Plaintiffs paid to get it repaired. They are requesting that the Defendant pay them for some or all of the cost of the repairs. Counsel for National Grid explained that the Defendant uses the bridge to access the easement, but only does so once per year. Counsel explained her intent to file a motion to dismiss, arguing that the court lacks jurisdiction over the monetary and private nuisance claims and there is no dispute over the rights of the parties concerning the easement. Counsel also explained that her client has made an offer to the Plaintiffs based on its proportionate use of the bridge. The court adopted the parties' proposed discovery plan- all discovery is to be completed by September 4, 2025- but declined to set a motion schedule. The court will issue a mediation screening order, which requires the parties and the lawyers to attend a free, confidential mediation screening within 30 days of the issue date of the order. The parties are to inform the Sessions Clerk of the mediation company with whom they decide to meet for the screening. (Smith, J.).
- lternative Dispute Resolution: Early Intervention Event held. Judge: Smith, Hon. Kevin T.
- efendant's Motion to Dismiss, filed. (Courtesy copy received)
- efendant's Memorandum in support of its Motion to Dismiss, filed. (Courtesy copy received)
- ppearance of Kristina Chemareva, Esq. for New England Power Company doing business as National Grid USA, filed
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jeremia Ashley Pollard, Esq. [email protected] Defendant: Nina L Pickering-Cook, Esq. [email protected] Defendant: Kristina Chemareva, Esq. [email protected] Sent On: 02/14/2025 14:22:38
- rder Referring Case to Dispute Resolution Screening Session (Copy emailed to counsel on 02/14/2025) Judge: Smith, Hon. Kevin T.
- mailed report of counsel, received. Counsel has agreed to work with The Mediation Group (TMG) for their mediation screening.
- DR referral to The Mediation Group issued. Judge: Smith, Hon. Kevin T.
- DR Report of TMG: Parties declined to participate in dispute resolution through the Program. Screening was conducted by Joel Reck on March 14, 2025. Counsel reported that they were not pursuing mediation right now, but would reach out if that changed.
- cheduled Judge: Smith, Hon. Kevin T. Event: Motion to Dismiss Date: 05/13/2025 Time: 09:45 AM
- laintiff's Opposition to Dismiss Complaint for Contribution on Easement to Access Plaintiffs' Property, filed.
- efendant's Motion to Strike Plaintiffs' Opposition to Defendant's Motion to Dismiss, filed.
- vent Resulted: Motion to Dismiss scheduled on: 05/13/2025 09:45 AM Has been: Held via video Hon. Kevin T. Smith, Presiding May 13, 2025. Motion to Dismiss held via videoconference. Attorney Jeremia Pollard appeared on behalf of the Plaintiffs. Attorneys Nina Pickering-Cook and Kristina Chemareva appeared on behalf of the Defendant, New England Power Co., d/b/a National Grid USA. This is an action arising out of the Defendant's use of an easement over the Plaintiffs' property in connection with its electricity transmission business. The Plaintiffs have alleged claims for, in Count I, equitable contribution from the Defendant for the costs of construction of a bridge used by the Defendant to access the easement area; and, in Count II, for private nuisance based on the Defendant's use of certain herbicides in the easement area that have caused damage to a portion of the Plaintiffs' land that is not encumbered by the easement. Before the court is the Defendant's Motion to Dismiss the complaint for lack of subject matter jurisdiction under Mass. R. Civ. P. 12(b)(1), failure to state a claim under R. 12(b)(6), and Land Court Rule 4; the Plaintiff's Opposition; and the Defendant's Motion to Strike the Plaintiff's Opposition. Attorney Pickering-Cook argued that the Plaintiffs' claims should be dismissed because neither falls within the limited jurisdiction of the Land Court as prescribed in G. L. c. 185, 1, et seq. Alternatively, she argued that, even if the court has subject matter jurisdiction to hear the claims, they should be dismissed under Rule 12(b)(6) for failure to state a claim upon which relief may be granted. Attorney Pollard argued in opposition, reasoning that Shapiro v. Burton, 23 Mass.App.Ct. 327 (1987) imposes a duty on both parties to equitably contribute to the upkeep of access to the easement. He also argued that the Plaintiffs have sufficiently alleged a dispute concerning a right, title or interest in real property in their claims for an overburdening of the easement caused by the Defendant's installation of larger poles and infrastructure in the easement area and its use of "pesticides," which have migrated from the easement and killed trees and vegetation on the Plaintiffs' property. The court took the motion under advisement. (Smith, J.).
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jeremia Ashley Pollard, Esq. [email protected] Defendant: Nina L Pickering-Cook, Esq. [email protected] Defendant: Kristina Chemareva, Esq. [email protected] Sent On: 05/20/2025 15:18:49
- ecision on Motion to Dismiss, issued. (Copies emailed to Attorneys Jeremia Pollard, Nina Pickering-Cook, and Kristina Chemareva) Judge: Smith, Hon. Kevin T.
- oint Status Report, filed.
- uly 8, 2025. The court hereby ADOPTS the Joint Discovery Plan proposed by the parties in the Joint Status Report. Discovery to be completed by February 1, 2026. A status conference will be scheduled to be held Wednesday, February 11, 2026, at 9:00 AM, via video conference. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jeremia Ashley Pollard, Esq. [email protected] Defendant: Nina L Pickering-Cook, Esq. [email protected] Defendant: Kristina Chemareva, Esq. [email protected] Sent On: 07/08/2025 15:31:23
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 02/11/2026 Time: 09:00 AM To be held: via video conference
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