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January 2017 Archives

Phillips & Angley Successfully Defend Adverse Possession and Prescriptive Easement Claims in the Land Court

On January 4, 2017, the Land Court, Scheier J., issued a decision in Stafford v. Flett, Land Court Docket No. 15 MISC 000134 (KFS), which granted declaratory judgment to P&A's client, the Defendant, declaring that she owns outright an area of her property that included a parking spot, grassy slope, staircase, and cobblestones and flagstones pavers (the "Disputed Area"), free and clear of any of the Plaintiff's claims. In its decision, the Court denied the Plaintiff's claims for adverse possession of or, in the alternative, a prescriptive easement over the Disputed Area. The Court agreed that the element of adverse use required for claims for adverse possession and prescriptive use rights was not established by the Plaintiff due to an oral license agreement allowing Plaintiff to use the Disputed Area, which agreement had been in place since the putatively-adverse use had begun.

Phillips & Angley Win Summary Judgment on Judicial Estoppel, Recoupment, and Quantum Meruit in Land Court

On November 14, 2016, the Land Court, Foster J., issued a Memorandum and Order Allowing Plaintiff's Motion for Summary Judgment in Fitchburg Capital, LLC, v. Bourque, Land Court Docket No. 12 MISC 464577 (RBF) in which the Court granted summary judgment for P&A's client, Plaintiff, Fitchburg Capital, LLC. The Memorandum and Order dismissed the Defendant's counterclaims for recovery of rental income pursuant to theories of conversion and accounting. In doing so, the Court agreed with Fitchburg that the Defendant's counterclaims were barred by all of three asserted bases: judicial estoppel, recoupment, and quantum meruit (unjust enrichment). Fitchburg's motion was successfully argued by Robert K. Hopkins, Esq.