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Case Information

Filed 2022-06-23
Status Closed
Type Lvt Affirm Tax Foreclosure Land Of Low Value, G.l. Chapter 60, 80 B
Docket 17 entries
Disposition dismiss

Parties

Plaintiff Libby, Kevin
Defendant Unknown Owners Of Map 9 Parcel 50 Spring Street. Aka 16 N. Ashburnham Road, Winchendon, Ma

Lawyers

Docket Entries

  1. Notice of Dismissal - Mass.R.Civ.P.41(a)(1)(i).
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 431995 Date: 06/23/2022
  4. Land Court surcharge Receipt: 431995 Date: 06/23/2022
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent.
  7. Motion for Alternative Service, filed by email.
  8. Motion for Alternative Service ALLOWED. Email notice to: Attorney Scott C. Owens. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott C Owens, Esq. [email protected] null: File Copy Sent On: 06/29/2022 12:03:44
  9. Notice of Docket Entry: The court requests that counsel provide a copy of the written authorization provided by the Department of Revenue to the town of Winchendon to assess the property at issue here as "owner unknown" in 1987 and 1988. See G.LO. c. 59, sec. 11 as then in effect. Email notice to: Attorney Scott C. Owens. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott C Owens, Esq. [email protected] Sent On: 08/02/2022 16:12:26
  10. Status Report (dated October 11, 2022), filed by email.
  11. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 10/27/2022 Time: 11:00 AM Email notice to: Scott C. Owens.
  12. Event Resulted: Status Conference scheduled on: 10/27/2022 11:00 AM Has been: Held via video. Attorney Scott C. Owens appeared for plaintiff and no appearance was made by or on behalf of defendants. The court outlined several issues in this case, including the lack of evidence of Department of Revenue ("DOR") approval to assess the property to "owners unknown," the failure to obtain a thorough title examination before approving the request for alternative service, and the fact that the description of the property in the instrument of taking may be inadequate. In the instrument of taking here, there is no deed description and no deed reference, and the assessor's map that is referenced does not contain metes and bounds. Furthermore, the area described in subsequent instruments varies by about one acre, which is beyond the margin of error of 1,000 sq. ft. generally accepted by the Land Court. In response to the court's inquiry, Attorney Owens stated that he intends to contact DOR to see what records they have, and that he will engage a professional title examiner to conduct a title examination. The court set a deadline for January 4, 2023 for Attorney Owens to email a status report to Clerk Hayes. Email notice to: Attorney Scott C. Owens. Hon. Jennifer S.D. Roberts, Presiding
  13. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Scott C Owens, Esq. [email protected]
  14. Status Report, filed by email.
  15. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 03/14/2023 Time: 09:30 AM Email notice to: Attorney Scott C. Owens.
  16. Event Resulted: Status Conference scheduled on: 03/14/2023 09:30 AM Has been: Held via video. Attorney Scott C. Owens appeared for plaintiff and no appearance was made by or on behalf of the defendants. After discussion with the court regarding the flawed taking by the Town and its effect on this case, Attorney Owens reported that he will voluntarily dismiss this matter. After the close of the hearing, Attorney Owens requested and was granted time to confer with the title insurer about how best to dispose of this case. Email notice to: Attorney Scott C. Owens. Hon. Jennifer S.D. Roberts, Presiding
  17. Notice of Docket Entry was generated and sent to: Plaintiff: Scott C Owens, Esq. [email protected]

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