commonwealth of massachusetts -...

COMMONWEALTH OF MASSACHUSETTS

ESSEX, ss. SUPERIOR COURT DEPARTMENTCIVIL ACTION NO.

MARY ELLEN DEVINE, TRUSTEE of the )DEVINE FAMILY REALTY TRUST; EDWARD F. )JOHNSON, TRUSTEE of the )SANDPIPER/JOHNSON FAMILY TRUST; )RICHARD D. TURNER; CHARLES F. and JOAN )HARTNETT; DON and PATRICIA L. FRANCIS, )TRUSTEES; ANNE H. SHEEHAN; MARY E. and )THOMAS DUGAN, TRUSTEES; KATHLEEN )HEAD, TRUSTEE OF LONG BEACH TRUST; STACY )E. HO and CARLENE H. TSAI; CHRISTINE )CARTER; PHILLIP E. and MARY A. POLLARD; )PETER and CHARLENE ONANIAN; RITA M. )ROBERTO, TRUSTEE of the ANTHONY ROBERTO ) TRUST; JANIS P. REED; GAVIN SYMES, TRUSTEE )of the ARICIA SYMES ELMER TRUST; TIMOTHY )and SUSAN DOWD; JANE L. FLYNN; ROBERT E. )and JOAN M. BUTMAN; BARBARA B. TUFTS; )JOHN J. and ANNE M. CARTY; JOANNE and )DOLORES CORDEIRO; MIGUEL A. and KRISTINA )MARTINEZ; RICHARD and GLADYS SULLIVAN; )PAUL M. and ELEANOR K. BUTMAN; )WILLIAM L. and GERALDINE R. BUTMAN; )MICHAEL G. SULLIVAN; NAOMI E. SULLIVAN; )ANNE M. ACKERMAN; KEVIN M. GILLIGAN; )NORMAN STAVIS; ROBERT A. and BARBARA E. )MANZELLI; ANDREW N. and MARTHA J. TUCKER; )GORDON ROBERT and ANDREA J. BERRY; )KARA DONOHOE, TRUSTEE of the MARY )DONOHOE TRUST; CAROL A. SULESKI, TRUSTEE; )DAWN M. MCCARTHY; PETER J. LIMONE; )RICHARD C. PRATT; DENNIS and PATRICIA )HUNT; FRED HOCHBERGER III, TRUSTEE of the )HOCHBERGER TRUST; SUSAN GREELY, TRUSTEE )of the KIERAN REALTY TRUST; CHERYL M. )HUNT and FREDERICK J. HANNIFAN, TRUSTEES; )WILLIAM P. SELDON, AND JANE E. MERRILL, )AND K. L. SWEENEY, TRUSTEES; G. FRANCIS and )DEANNA RIZZO; DIRAN K. DOHANIAN, )PERSONAL REPRESENTATIVE of the ESTATE of )HAGOP M. DOHANIAN; LANDERS and JENNIFER )

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SYMES, TRUSTEES; WILLIAM J. MCMILLAN; )LEE A. and DOREEN H. GRIFFITHS; JOHN M. )and KELLEY A. MCCARTHY; CECILY J. GRAY; )CHARLES F. HARTNETT; MADELYN M. SULLIVAN, )TRUSTEE of the SULLIVAN LONG BEACH )REALTY TRUST; BRENDA C. GILLIS, )TRUSTEE of the BASTOS FAMILY )IRREVOCABLE TRUST; PAMELA H. and )GENE F. GNERRE; ELEANOR L. THOMPSON; )ANGELO J. and MARLENE TEDESCO, TRUSTEES )of the TEDESCO LIVING TRUST; )SHARON M. HITCHCOCK, )

Plaintiffs ))

v. ))

TOWN OF ROCKPORT ) Defendant )

COMPLAINT AND JURY DEMAND

Introduction

1. This Action is brought against Defendant Town of Rockport, Massachusetts (“Town” or

“Defendant”) by 57 Plaintiffs who are present or former owners of cottages (owning as

individuals, spouses, siblings, family members, trustees, partners, or otherwise), and who

are or were lessees under substantially and substantively identical leases (but for the

amount of rent due) with the Town relating to land located on or near Long Beach in

Rockport. The Plaintiffs each assert claims for breach of the covenant of quiet

enjoyment, for violation of M.G.L. c. 186, for a declaration that certain provisions of the

leases between the parties are void as a matter of law, and for injunctive relief. The terms

“Lease” and “Leases” refer to the leases executed in or about February, 2014 by each of

the Plaintiffs and the Town. The term “Leased Land” means the land leased by the Town

to the owners of dwelling units located on 154 lots owned by the Town. Each Plaintiff(s)

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is(are) identified in the particular Counts applicable to each said Plaintiff(s) which follow

the fact sections hereof.

Parties

2. The Defendant is a town organized under the laws of the Commonwealth, and has a

principal place of business located at Town Office Building, 34 Broadway, Rockport,

Massachusetts.

3. As stated above, each Plaintiff(s) is(are) identified in the particular Counts applicable to

each said Plaintiff(s) which follow the fact sections hereof.

General Facts

4. The Town owns the Leased Land, which is adjacent to the Atlantic Ocean at Long Beach.

The Leased Land is bounded as follows: on the east by the beach known as Long Beach

and the ocean; on the west by tidal marshland, the road known as Long Beach, Old

County Road, and Glenmere Road; on the north by the inlet to said marshland; and on the

south by the border between Rockport and Gloucester.

5. In or about 1900, the Town divided the Leased Land into lots, which now number 154,

and began leasing those lots. The Leases identify the lots with reference to lots located

on Assessors’ Maps 21 and 25.

6. The Town presently leases various lots to the Plaintiffs, pursuant to the Leases as

described in Paragraph 1.

7. Each of the Plaintiffs or their predecessors have constructed and maintained dwellings

and other structures on the various lots, all with the agreement and consent of the Town

and as expressly stated in the Leases and predecessor leases. Most, but not all, of the

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dwelling units are single-family cottages; the other dwelling units are contained in either

two-family dwellings or are owned in condominium form.

8. Nearly all of the lots are rectangular in shape and contain, on average, approximately

3,200 square feet.

9. The lots are laid out in three rows.

10. The first row (“Row 1”) is adjacent to the seawall along Long Beach.

11. The second row (“Row 2”) is adjacent to Row 1.

12. The third row (“Row 3”) is immediately to the northwest of Rows 1 and 2.

13. The Leases are all substantially and substantively the same, but for the amount of rent

charged thereunder.

14. The annual rent for 2014 set by the Town for Row 1 lots began at or about $3,923, more

or less; the annual rent increases by $1,389 each year of the ten-year term. For Row 1

lots, the annual rent more than quadruples during the term of the Leases, culminating in a

rent of $16,419 in 2023.

15. The annual rent for 2014 set by the Town for Row 2 lots began at or about $2,314, more

or less; the annual rent increases by $746 each year of the ten-year term. For Row 2 lots,

the annual rent nearly quadruples during the term of the Leases, culminating in a rent of

$9,032 in 2023.

16. The annual rent for 2014 set by the Town for Row 3 lots began at or around $2,101, more

or less; the annual rent increases by $533 each year of the ten-year term. For Row 3 lots,

the annual rent more than triples during the term of the Leases, culminating in a rent of

$6,897 in 2023.

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17. The Plaintiffs use the Leased Land for residential purposes only, all as required by the

Leases.

Breach of Covenant of Quiet Enjoyment and Violation of

M.G.L. c. 186, §§ 14, 15B By Way of Section 2.6 of the Leases

18. M.G.L. c. 186, § 14, in pertinent part, states the following:

… any lessor or landlord who directly or indirectly interferes with

the quiet enjoyment of any residential premises by the occupant, or who attempts to regain possession of such premises by force without benefit of judicial process, shall be punished by a fine of not less than twenty-five dollars nor more than three hundred dollars, or by imprisonment for not more than six months. Any

person who commits any act in violation of this section shall also

be liable for actual and consequential damages or three month’s

rent, whichever is greater, and the costs of the action, including a

reasonable attorney’s fee, all of which may be applied in setoff to or in recoupment against any claim for rent owed or owing. The superior and district courts shall have jurisdiction in equity to restrain violations of this section. The provisions of section eighteen of chapter one hundred and eighty-six and section two A of chapter two hundred and thirty-nine shall apply to any act taken as a reprisal against any person for reporting or proceeding against violations of this section. Any waiver of this provision in any lease

or other rental agreement, except with respect to any restriction on the provision of a service specified in this section imposed by the United States or any agency thereof or the commonwealth or any agency or political subdivision thereof and not resulting from the acts or omissions of the landlord or lessor, and except for interruptions of any specified service during the time required to perform necessary repairs to apparatus necessary for the delivery of said service or interruptions resulting from natural causes beyond the control of the lessor or landlord, shall be void and

unenforceable.

M.G.L. c. 186 § 14 (emphasis added).

19. M.G.L. c. 186, § 15B, in pertinent part, states the following:

(1) (a) No lease relating to residential real property shall contain a

provision that a lessor may, except to inspect the premises, to make

repairs thereto or to show the same to a prospective tenant,

purchaser, mortgagee or its agents, enter the premises before the

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termination date of such lease. A lessor may, however, enter such premises:

(i) in accordance with a court order;

(ii) if the premises appear to have been abandoned by the lessee; or

(iii) to inspect, within the last thirty days of the tenancy or after either party has given notice to the other of intention to terminate the tenancy, the premises for the purpose of determining the amount of damage, if any, to the premises which would be cause for deduction from any security deposit held by the lessor pursuant to this section.

…

(8) Any provision of a lease which conflicts with any provision of

this section and any waiver by a tenant or prospective tenant of

any provision of this section shall be deemed to be against public

policy and therefore void and unenforceable.

…

M.G.L. c. 186, § 15B (emphasis added).

20. Section 12.4 of the Leases states: “The Town hereby warrants and covenants that, so long

as Tenant is not in default of this Lease beyond any applicable cure period, Tenant shall

have peaceful and quiet use and possession of the Premises without hindrance or

interruption on the part of the Town.”

21. However, the Leases then defeat and breach the covenant of quiet enjoyment with the

following language contained in the third and fourth sentences of Section 2.6:

Lot Lines/Use By Others. … Tenant further acknowledges that abutters, other residents of Long Beach and/or members of the public may use portions of the Land1 for pedestrian access to their respective lots and/or to other parts of Long Beach, and agrees not to disturb, hinder, or otherwise interfere with such access rights. By signing this Lease, Tenant acknowledges and agrees that such

1 Under the Leases, the term “Land” refers to, and is defined as, that portion of the Leased Land leased by each particular Plaintiff.

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encroachment, access and/or use by others shall not constitute a breach of the covenant of quiet enjoyment or the Town’s other obligations under this Lease.

22. The Town inserted, and insisted upon, said Section 2.6 language for the first time in the

Leases, while at the same time unilaterally increasing the rents, which rents will escalate

by 2023, by more than triple, nearly quadruple, and more than quadruple, depending on

which Row a lot is located in.

23. By inserting, and insisting upon, said language of Section 2.6 of the Leases, the Town

violated M.G.L. c. 186, §§ 14 and 15B.

24. Said language is against public policy, void, and unenforceable.

25. As a direct and proximate result of the Town’s breach of the covenant of quiet enjoyment

by the insertion of said language of Section 2.6 of the Leases, each Plaintiff has sustained

actual damage in the form of a diminution in the value of the structures on his or her lot,

as well as attorneys’ fees and costs.

26. The insertion of that language constituted, and continues to constitute, a direct or indirect

interference with the quiet enjoyment of the residential premises and a breach of the

covenant of quiet enjoyment and a breach of Section 12.4 of the Leases, as a result of

which interference and breach each Plaintiff is entitled to actual and consequential

damages, or three months’ rent, whichever is greater, together with costs and a reasonable

attorney’s fee.

Violation of M.G.L. c. 186, § 15 By Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of Leases

27. M.G.L. c. 186, § 15 states the following:

Any provision of a lease or other rental agreement relating to real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to indemnify the lessor or landlord or hold the

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lessor or landlord harmless, or preclude or exonerate the lessor or landlord from any or all liability to the lessee or tenant, or to any other person, for any injury, loss, damage or liability arising from any omission, fault, negligence or other misconduct of the lessor or landlord on or about the leased or rented premises or on or about any elevators, stairways, hallways or other appurtenance used in connection therewith, shall be deemed to be against public policy and void.

M.G.L. c. 186, § 15.

28. Section 6.3 of the Leases states the following:

Landlord Repairs. Tenant agrees that the Town shall have no responsibility or liability for, and Tenant shall assume the risk of, any loss or damage or injury to the Premises, including the Improvements, or to the Personal property of Tenant or any of the other Tenant Parties, from any cause whatsoever, including, without limitation, vandalism, theft or otherwise, provided however, that nothing herein limits in any manner any remedies Tenant may have against the Town due to the negligence of the Town or its agents, employees, or contractors.

29. Section 9.1 of the Leases states the following:

Indemnification. Tenant shall assume and maintain exclusive control of the Premises (except as otherwise provided for in this Lease) and, to the maximum extent this provision may be made effective according to law, shall defend, indemnify and hold

harmless the Town from and against all claims, expenses or

liability of whatever nature arising from: … (b) the use or

occupancy of the Property by the Tenant or any of the other Tenant

Parties, or arising, directly or indirectly, from any accident, injury

or damage whatsoever, however caused, to any person or to the

property of any person, occurring during the Term of this Lease

and thereafter, so long as Tenant or any occupant claiming under Tenant uses or occupies any part of the Property, in or about the Property, or arising from any accident occurring outside the Property but within the general area of the Property, where such accident, injury or damage results or is claimed to have resulted from any act, omission or negligence on the part of any of the Tenant Parties. The foregoing agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, including attorneys’ fees, and the defense thereof with counsel

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acceptable to the Town or counsel selected by an insurance company which has accepted liability for any such claim.

30. Section 9.2 of the Leases, in pertinent part, states: “Release. …To the maximum extent

this provision may be made effective according to law, Tenant agrees that the Town shall

have no responsibility or liability, and hereby waives any and all rights of recovery and

releases any claim it may have against the Town or its agents, employees, or contractors,

for any injury, loss or damage to any of the Tenant Parties, the Improvements, or to the

property of any of the Tenant Parties, provided, however, that nothing herein limits in any

manner any remedies Tenant may have against the Town due to the Town’s negligence.”

31. Section 9.3 of the Leases states:

Non-Lease Property. Tenant acknowledges and agrees that the Town’s obligations with respect to other Town-owned property, improvements and/or facilities, including, without limitation, the seawall, sidewalks, and beach areas that are not part of the Property (the “Non-Lease Property”) are subject to any and all applicable laws, including, without limitation, any obligations and/or liability that the Town may have under the applicable laws of negligence, but are independent of this Lease. Tenant shall have all rights and remedies as are available to all under such laws for the Town’s failure to maintain the Non-Lease Property, but such

negligence shall not constitute a default of the Town under this

Lease or entitle Tenant to exercise any remedies it may have under

this Lease. For avoidance of doubt, nothing herein shall impair Tenant’s rights and remedies against the Town under applicable laws with respect to the Non-Lease Property independently of the Lease.

32. Section 12.12 of the Leases states: “Personal Liability. No official, employee or

consultant of the Town of Rockport shall be personally liable to Tenant, the other Tenant

Parties or any partner thereof, or any successor in interest or person claiming through or

under Tenant, the other Tenant Parties, or any such partner, in the event of any default or

breach, or for or on account of any amount which may be or become due, or on any

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claim, cause or obligation whatsoever under the terms of this Lease or any amendment or

extension entered into pursuant hereto. In no event shall the Town be liable for indirect,

special, consequential and/or punitive damages.”

33. By inserting, and insisting upon, the language of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of the

Leases, the Defendants violated M.G.L. c. 186, § 15.

34. Said language is against public policy and void.

COUNT 1: Mary Ellen Devine, Trustee of the Devine Family Realty Trust v. Town -

Breach of Covenant of Quiet Enjoyment and Violation of M.G.L. c. 186, §§

14, 15B By Way of Section 2.6 of the Leases

35. The Plaintiff(s) identified in this Count re-state, and incorporate(s) by reference, the

allegations made in paragraphs 1 through 34, inclusive.

36. Plaintiff Mary Ellen Devine resides at 11 Mayflower Road, Woburn, Massachusetts and

owns a cottage known and identified as 6 Long Beach. Said Plaintiff is Trustee of the

Devine Family Realty Trust.


by the insertion of the abovesaid language of Section 2.6 of the Leases, said Plaintiff has

sustained actual damage in the form of a diminution in the value of the structures on the

lot, as well as attorneys’ fees and costs.



covenant of quiet enjoyment and a breach of Section 12.4 of the Lease, as a result of

which interference and breach said Plaintiff is entitled to actual and consequential


attorney’s fee.

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WHEREFORE, said Plaintiff(s) pray(s) for the following relief:

(a) A declaration that the third and fourth sentences of Section 2.6 of the

Lease violate M.G.L., c. 186, § 14 and are void and unenforceable;

(b) A declaration that the third and fourth sentences of Section 2.6 of the

Lease violate M.G.L. c. 186, § 15B and are void, unenforceable, and

against public policy;

(c) A permanent mandatory injunction requiring the Town to remove the third

and fourth sentences of Section 2.6 from the Lease;

(d) A permanent injunction enjoining the Town, its officers, agents, servants,

employees, and attorneys, members of the public, and all persons in active

concert or participation with them who receive actual notice of the

injunction from (1) any further intrusion, encroachment, access, and/or use

of the Leased Land other than the Town’s access permitted by M.G.L. c.

186, §15B; and (2) any further breach of the covenant of quiet enjoyment

in any manner;

(e) An award of actual and consequential damages, or three months’ rent,

whichever is greater, together with interest, costs, and a reasonable

attorney’s fee, as mandated by M.G.L. c. 186, § 14; and

(f) Such other relief as the Court deems meet and just.

Count 2: Mary Ellen Devine, Trustee of the Devine Family Realty Trust v. Town -

Violation of M.G.L. c. 186, § 15 By Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of

Leases



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Leases, the Town violated M.G.L. c. 186, § 15.


WHEREFORE, the Plaintiff(s) pray(s) for the following relief:

(a) A declaration that Section 6.3 of the Leases violates M.G.L. c. 186, § 15

and is against public policy and void

(b) A permanent mandatory injunction requiring the Town to remove Sections

6.3, 9.1, 9.2, 9.3, 12.12 from the Lease; and

(c) Such other relief as the Court deems meet and just.

COUNT 3: Edward F. Johnson, Trustee of the Sandpiper/Johnson Family Trust v. Town

- Breach of Covenant of Quiet Enjoyment and Violation of M.G.L. c. 186, §§




43. Plaintiff Edward F. Johnson resides at 72 Middle Street, Woburn, Massachusetts and


Sandpiper/Johnson Family Trust.








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attorney’s fee.















in any manner;





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Count 4: Edward F. Johnson, Trustee of the Sandpiper/Johnson Family Trust v. Town

- Violation of M.G.L. c. 186, § 15 By Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of

Leases












COUNT 5: Richard D. Turner v. Town - Breach of Covenant of Quiet Enjoyment and

Violation of M.G.L. c. 186, §§ 14, 15B By Way of Section 2.6 of the Leases



50. Plaintiff Richard D. Turner resides at 1 Wayside Lane, Ashland, Massachusetts and owns

a cottage known and identified as 10 Long Beach.





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attorney’s fee.















in any manner;

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Count 6: Richard D. Turner v. Town - Violation of M.G.L. c. 186, § 15 By Way of

Sections 6.3, 9.1, 9.2, 9.3, 12.12 of Leases












COUNT 7: Charles F. and Joan Hartnett v. Town - Breach of Covenant of Quiet

Enjoyment and Violation of M.G.L. c. 186, §§ 14, 15B By Way of Section 2.6

of the Leases



57. Plaintiffs Charles F. Hartnett and Joan Hartnett reside at 851 Spruce Street, Winnetka,

Illinois and own a cottage known and identified as 18 Long Beach.

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attorney’s fee.














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in any manner;





Count 8: Charles F. and Joan Hartnett v. Town - Violation of M.G.L. c. 186, § 15 By

Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of Leases












COUNT 9: Don and Patricia L. Francis, Trustees v. Town - Breach of Covenant of Quiet


of the Leases



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64. Plaintiffs Don Francis and Patricia Francis reside at 3 Ryan Road, Gloucester,

Massachusetts and own a cottage known and identified as 20 Long Beach. Said Plaintiffs

hold title to said cottage in trust.










attorney’s fee.











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in any manner;





Count 10: Don and Patricia L. Francis, Trustees v. Town - Violation of M.G.L. c. 186, §

15 By Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of Leases












COUNT 11: Anne H. Sheehan v. Town - Breach of Covenant of Quiet Enjoyment and


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71. Plaintiff Anne H. Sheehan resides at 64 Main Street, # 55B, Stoneham, Massachusetts

and owns a cottage known and identified as 21 Long Beach.










attorney’s fee.









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in any manner;





Count 12: Anne H. Sheehan v. Town - Violation of M.G.L. c. 186, § 15 By Way of













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COUNT 13: Mary E. and Thomas Dugan, Trustees v. Town - Breach of Covenant of Quiet


of the Leases



78. Plaintiffs Mary E. Dugan and Thomas Dugan reside at 18 Barton Road, Medford,

Massachusetts and own a cottage known and identified as 23 Long Beach. Said Plaintiffs

hold title to said cottage in trust.










attorney’s fee.







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in any manner;





Count 14: Mary E. and Thomas Dugan, Trustees v. Town - Violation of M.G.L. c. 186, §










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COUNT 15: Kathleen Head, Trustee of Long Beach Trust v. Town - Breach of Covenant of

Quiet Enjoyment and Violation of M.G.L. c. 186, §§ 14, 15B By Way of

Section 2.6 of the Leases



85. Plaintiff Kathleen Head resides at 40 Fair Oaks Drive, Lexington, Massachusetts and

owns a cottage known and identified as 25 Long Beach. Said Plaintiff is Trustee of Long

Beach Trust.










attorney’s fee.




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in any manner;





Count 16: Kathleen Head, Trustee of Long Beach Trust v. Town - Violation of M.G.L. c.

186, § 15 By Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of Leases







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COUNT 17: Stacy E. Ho and Carlene H. Tsai v. Town - Breach of Covenant of Quiet


of the Leases



92. Plaintiffs Stacy E. Ho and Carlene H. Tsai reside at 35 Granger Avenue, Reading,

Massachusetts and own a cottage known and identified as 26 Long Beach.










attorney’s fee.


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in any manner;





Count 18: Stacy E. Ho and Carlene H. Tsai v. Town - Violation of M.G.L. c. 186, § 15 By






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COUNT 19: Christine Carter v. Town - Breach of Covenant of Quiet Enjoyment and




99. Plaintiff Christine Carter resides at 15 Pondview Lane, Reading, Massachusetts and owns











attorney’s fee.


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in any manner;





Count 20: Christine Carter v. Town - Violation of M.G.L. c. 186, § 15 By Way of






30








COUNT 21: Philip E. and Mary A. Pollard v. Town - Breach of Covenant of Quiet


of the Leases



106. Plaintiffs Philip E. Pollard and Mary A. Pollard reside at 40 Arlington Road, Woburn,











attorney’s fee.

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in any manner;





Count 22: Phillip E. and Mary A. Pollard v. Town - Violation of M.G.L. c. 186, § 15 By




32










COUNT 23: Charlene Onanian v. Town - Breach of Covenant of Quiet Enjoyment and




113. Plaintiff Charlene Onanian resides at 61 Ridgeway Road, Weston, Massachusetts and

owns a cottage known and identified as 36 Long Beach.









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attorney’s fee.















in any manner;





Count 24: Charlene Onanian v. Town - Violation of M.G.L. c. 186, § 15 By Way of


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COUNT 25: Rita M. Roberto, Trustee of the Anthony Roberto Trust v. Town - Breach of

Covenant of Quiet Enjoyment and Violation of M.G.L. c. 186, §§ 14, 15B By

Way of Section 2.6 of the Leases



120. Plaintiff Rita Roberto resides at 282 Bennington Street, East Boston, Massachusetts and

own a cottage known and identified as 42 Long Beach. Said Plaintiff is Trustee of the

Anthony Roberto Trust.





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attorney’s fee.















in any manner;

36





Count 26: Rita M. Roberto, Trustee of the Anthony Roberto Trust v. Town - Violation of

M.G.L. c. 186, § 15 By Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of Leases












COUNT 27: Janis P. Reed v. Town - Breach of Covenant of Quiet Enjoyment and




127. Plaintiff Janis P. Reed resides at 17 Wilson Avenue, Wakefield, Massachusetts and owns a

cottage known and identified as 43 Long Beach.

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attorney’s fee.














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in any manner;





Count 28: Janis P. Reed v. Town - Violation of M.G.L. c. 186, § 15 By Way of Sections

6.3, 9.1, 9.2, 9.3, 12.12 of Leases












COUNT 29: Gavin Symes, Trustee of the Aricia Symes Elmer Trust v. Town - Breach of





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134. Plaintiff Gavin Symes resides at 50 Dodge Street, Beverly, Massachusetts and owns a

cottage known and identified as 48 Long Beach. Said Plaintiff is Trustee of the Aricia

Symes Elmer Trust.










attorney’s fee.











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in any manner;





Count 30: Gavin Symes, Trustee of the Aricia Symes Elmer Trust v. Town - Violation of













COUNT 31: Timothy and Susan Dowd v. Town - Breach of Covenant of Quiet Enjoyment

and Violation of M.G.L. c. 186, §§ 14, 15B By Way of Section 2.6 of the

Leases

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141. Plaintiffs Timothy Dowd and Susan Dowd reside at 12 High Ridge Road, Topsfield,











attorney’s fee.









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in any manner;





Count 32: Timothy and Susan Dowd v. Town - Violation of M.G.L. c. 186, § 15 By Way

of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of Leases












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COUNT 33: Jane L. Flynn v. Town - Breach of Covenant of Quiet Enjoyment and




148. Plaintiff Jane L. Flynn resides at 28 Fairview Avenue, Reading, Massachusetts and owns











attorney’s fee.









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in any manner;





Count 34: Jane L. Flynn v. Town - Violation of M.G.L. c. 186, § 15 By Way of Sections

6.3, 9.1, 9.2, 9.3, 12.12 of Leases












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COUNT 35: Robert E. and Joan M. Butman v. Town - Breach of Covenant of Quiet


of the Leases



155. Plaintiffs Robert E. Butman and Joan M. Butman reside at 227 Lambert Road, New

Canaan, Connecticut and own a cottage known and identified as 65 Long Beach.










attorney’s fee.







46









in any manner;





Count 36: Robert E. and Joan M. Butman v. Town - Violation of M.G.L. c. 186, § 15 By










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COUNT 37: Barbara B. Tufts, Trustee v. Town - Breach of Covenant of Quiet Enjoyment


Leases



162. Plaintiff Barbara Tufts resides at 1405 Essex Village, Lynnfield, Massachusetts and owns

a cottage known and identified as 71 Long Beach. Said Plaintiff holds title to said

cottage in trust.










attorney’s fee.




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in any manner;





Count 38: Barbara B. Tufts, Trustee v. Town - Violation of M.G.L. c. 186, § 15 By Way








49






COUNT 39: John J. and Anne M. Carty v. Town - Breach of Covenant of Quiet


of the Leases



169. Plaintiffs John J. Carty and Anne M. Carty reside at 11 Tanager Road, Attleboro,











attorney’s fee.


50














in any manner;





Count 40: John J. and Anne M. Carty v. Town - Violation of M.G.L. c. 186, § 15 By Way






51








COUNT 41: Joanne and Dolores Cordeiro v. Town - Breach of Covenant of Quiet


of the Leases



176. Plaintiffs Joanne and Dolores Cordeiro reside at 171 Swarton Street, Unit 48, Winchester,











attorney’s fee.

52















in any manner;





Count 42: Joanne and Dolores Cordeiro v. Town - Violation of M.G.L. c. 186, § 15 By




53










COUNT 43: Miguel A. and Kristina Martinez v. Town - Breach of Covenant of Quiet


of the Leases



183. Plaintiffs Miguel A. Martinez and Kristina Martinez reside at 142 Grapevine Road,

Wenham, Massachusetts and own a cottage known and identified as 78 Long Beach.









54


attorney’s fee.















in any manner;





Count 44: Miguel A. and Kristina Martinez v. Town - Violation of M.G.L. c. 186, § 15

By Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of Leases

55












COUNT 45: Richard and Gladys Sullivan v. Town - Breach of Covenant of Quiet


of the Leases



190. Plaintiffs Richard Sullivan and Gladys Sullivan reside at 3 Hickory Hill, Manchester-by-

the-Sea, Massachusetts and own a cottage known and identified as 79 Long Beach.







56




attorney’s fee.















in any manner;





57

Count 46: Richard and Gladys Sullivan v. Town - Violation of M.G.L. c. 186, § 15 By













COUNT 47: Paul M. and Eleanor K. Butman v. Town - Breach of Covenant of Quiet


of the Leases



197. Plaintiffs Paul M. Butman and Eleanor K. Butman reside at 227 Lambert Road, New

Canaan, Connecticut and own a cottage known and identified as 80 Long Beach.





58






attorney’s fee.















in any manner;

59





Count 48: Paul M. and Eleanor K. Butman v. Town - Violation of M.G.L. c. 186, § 15 By













COUNT 49: William L. and Geraldine R. Butman v. Town - Breach of Covenant of Quiet


of the Leases



204. Plaintiffs William L. Butman and Geraldine R. Butman reside at 237 Concord Street,

Gloucester, Massachusetts and own a cottage known and identified as 82 Long Beach.

60










attorney’s fee.














61


in any manner;





Count 50: William L. and Geraldine R. Butman v. Town - Violation of M.G.L. c. 186, §













COUNT 51: Michael G. Sullivan v. Town - Breach of Covenant of Quiet Enjoyment and




62

211. Plaintiff Michael G. Sullivan resides at 38 Scotland Road, Reading, Massachusetts and











attorney’s fee.












63




in any manner;





Count 52: Michael G. Sullivan v. Town - Violation of M.G.L. c. 186, § 15 By Way of













COUNT 53: Naomi E. Sullivan v. Town - Breach of Covenant of Quiet Enjoyment and


64



218. Plaintiff Naomi E. Sullivan resides at 30 Mansur Street, Lowell, Massachusetts and owns











attorney’s fee.









65







in any manner;





Count 54: Naomi E. Sullivan v. Town - Violation of M.G.L. c. 186, § 15 By Way of













66

COUNT 55: Anne M. Ackerman v. Town - Breach of Covenant of Quiet Enjoyment and




225. Plaintiff Anne M. Ackerman resides at 2909 Eaton Square, Ellicott City, Maryland and











attorney’s fee.









67







in any manner;





Count 56: Anne M. Ackerman v. Town - Violation of M.G.L. c. 186, § 15 By Way of













68

COUNT 57: Kevin M. Gilligan v. Town - Breach of Covenant of Quiet Enjoyment and




232. Plaintiff Kevin M. Gilligan resides at 25 Stewart Road, Reading, Massachusetts and owns











attorney’s fee.









69







in any manner;





Count 58: Kevin M. Gilligan v. Town - Violation of M.G.L. c. 186, § 15 By Way of













70

COUNT 59: Norman Stavis v. Town - Breach of Covenant of Quiet Enjoyment and




239. Plaintiff Norman Stavis resides at 235 Main Street, Boxford, Massachusetts and owns a











attorney’s fee.









71







in any manner;





Count 60: Norman Stavis v. Town - Violation of M.G.L. c. 186, § 15 By Way of Sections

6.3, 9.1, 9.2, 9.3, 12.12 of Leases












72

COUNT 61: Robert A. and Barbara E. Manzelli v. Town - Breach of Covenant of Quiet


of the Leases



246. Plaintiffs Robert A. Manzelli and Barbara E. Manzelli reside at 24 Evans Street,

Watertown, Massachusetts and own a cottage known and identified as 100 Long Beach.










attorney’s fee.







73









in any manner;





Count 62: Robert A. and Barbara E. Manzelli v. Town - Violation of M.G.L. c. 186, § 15










74




COUNT 63: Andrew N. and Martha J. Tucker v. Town - Breach of Covenant of Quiet


of the Leases



253. Plaintiffs Andrew N. Tucker and Martha J. Tucker resides at 26 Shasta Drive, North

Reading, Massachusetts and own a cottage known and identified as 102 Long Beach.










attorney’s fee.




75












in any manner;





Count 64: Andrew N. and Martha J. Tucker v. Town - Violation of M.G.L. c. 186, § 15








76






COUNT 65: Gordon Robert and Andrea J. Berry v. Town - Breach of Covenant of Quiet


of the Leases



260. Plaintiffs Gordon Robert Berry and Andrea J. Berry reside at 8 Green Meadow Drive,

Reading, Massachusetts and own a cottage known and identified as 103 Long Beach.










attorney’s fee.


77














in any manner;





Count 66: Gordon Robert and Andrea J. Berry v. Town - Violation of M.G.L. c. 186, §






78








COUNT 67: Kara Donohoe, Trustee of the Mary Donohoe Trust v. Town - Breach of





267. Plaintiff Kara Donahoe, Trustee of the Mary Donohoe Trust resides at 67 Hancock Drive,

North Kingstown, Rhode Island and owns a cottage known and identified as 104 Long

Beach.









79


attorney’s fee.















in any manner;





Count 68: Kara Donohoe, Trustee of the Mary Donohoe Trust v. Town - Violation of


80












COUNT 69: Carol A. Suleski, Trustee v. Town - Breach of Covenant of Quiet Enjoyment


Leases



274. Plaintiff Carol Suleski resides at 17 Little Pond Road, Merrimac, Massachusetts and

owns a cottage known and identified as 106 Long Beach. Said Plaintiff holds title to said

cottage in trust.





81






attorney’s fee.















in any manner;

82





Count 70: Carol A. Suleski, Trustee v. Town - Violation of M.G.L. c. 186, § 15 By Way of













COUNT 71: Dawn M. McCarthy v. Town - Breach of Covenant of Quiet Enjoyment and




281. Plaintiff Dawn M. McCarthy resides at 2640 S. Veitch Street, #409, Arlington, Virginia

and owns a cottage known and identified as 108 Long Beach.

83










attorney’s fee.














84


in any manner;





Count 72: Dawn M. McCarthy v. Town - Violation of M.G.L. c. 186, § 15 By Way of













COUNT 73: Peter J. Limone v. Town - Breach of Covenant of Quiet Enjoyment and




85

288. Plaintiff Peter J. Limone resides at 56 Tappan Street, Melrose, Massachusetts and owns a











attorney’s fee.












86




in any manner;





Count 74: Peter J. Limone v. Town - Violation of M.G.L. c. 186, § 15 By Way of Sections

6.3, 9.1, 9.2, 9.3, 12.12 of Leases












COUNT 75: Richard C. Pratt v. Town - Breach of Covenant of Quiet Enjoyment and


87



295. Plaintiff Richard C. Pratt resides at 100 Ledgewood Drive, # 319, Stoneham,

Massachusetts and owns a cottage known and identified as 110 Long Beach.










attorney’s fee.









88







in any manner;





Count 76: Richard C. Pratt v. Town - Violation of M.G.L. c. 186, § 15 By Way of













89

COUNT 77: Dennis and Patricia Hunt v. Town - Breach of Covenant of Quiet Enjoyment


Leases



302. Plaintiffs Dennis Hunt and Patricia Hunt reside at 15 Arundel Avenue, Andover,











attorney’s fee.







90









in any manner;





Count 78: Dennis and Patricia Hunt v. Town - Violation of M.G.L. c. 186, § 15 By Way










91




COUNT 79: Fred Hochberger III, Trustee of the Hochberger Trust v. Town - Breach of





309. Plaintiff Fred Hochberger III resides at 680 Boston Post Road, Weston, Massachusetts

and owns a cottage known and identified as 112 Long Beach. Said Plaintiff is Trustee of

the Hochberger Trust.










attorney’s fee.




92












in any manner;





Count 80: Fred Hochberger III, Trustee of the Hochberger Trust v. Town - Violation of








93






COUNT 81: Susan Greely, Trustee of the Kieran Realty Trust v. Town - Breach of





316. Plaintiff Susan Greely resides at 192 Stonecleave Road, North Andover, Massachusetts

and owns a cottage known and identified as 114 Long Beach. Said Plaintiff is Trustee of

the Kieran Realty Trust.










attorney’s fee.


94














in any manner;





Count 82: Susan Greely, Trustee of the Kieran Realty Trust v. Town - Violation of






95








COUNT 83: Cheryl M. Hunt and Frederick J. Hannifan, Trustees v. Town - Breach of





323. Plaintiffs Cheryl M. Hunt and Frederick J. Hannifan reside at 490 Main Street, # 104,

Northborough, Massachusetts and own a cottage known and identified as 115 Long

Beach. Said Plaintiffs hold title to said cottage in trust.









96


attorney’s fee.















in any manner;





Count 84: Cheryl M. Hunt and Frederick J. Hannifan, Trustees v. Town - Violation of


97












COUNT 85: William P. Seldon, and Jane E. Merrill, and K. L. Sweeney, Trustees v. Town





330. Plaintiffs William P. Seldon, and Jane E. Merrill, and K. L. Sweeney reside at 10 Drews

Crossing, Westford, Massachusetts and own a cottage known and identified as 116 Long

Beach. Said Plaintiffs hold title to said cottage in trust.





98






attorney’s fee.















in any manner;

99





Count 86: William P. Seldon, and Jane E. Merrill, and K. L. Sweeney, Trustees v. Town


Leases












COUNT 87: G. Francis and Deanna Rizzo v. Town - Breach of Covenant of Quiet


of the Leases



337. Plaintiffs G. Francis Rizzo and Deanna Rizzo reside at 11 Cortland Avenue, Lynnfield,


100










attorney’s fee.














101


in any manner;





Count 88: G. Francis and Deanna Rizzo v. Town - Violation of M.G.L. c. 186, § 15 By













COUNT 89: Diran K. Dohanian, Personal Representative of the Estate of Hagop M.

Dohanian v. Town - Breach of Covenant of Quiet Enjoyment and Violation of

M.G.L. c. 186, §§ 14, 15B By Way of Section 2.6 of the Leases



102

344. Plaintiff Diran K. Dohanian, Personal Representative of the Estate of Hagop M.

Dohanian, resides at 269 Payson Road, Belmont, Massachusetts and owns a cottage

known and identified as 126 Long Beach.










attorney’s fee.











103





in any manner;





Count 90: Diran K. Dohanian, Personal Representative of the Estate of Hagop M.

Dohanian v. Town - Violation of M.G.L. c. 186, § 15 By Way of Sections 6.3,

9.1, 9.2, 9.3, 12.12 of Leases












104

COUNT 91: Landers and Jennifer Symes, Trustees v. Town - Breach of Covenant of Quiet


of the Leases



351. Plaintiffs Landers and Jennifer Symes reside at 4 Lee Way, Rockport, Massachusetts and

own a cottage known and identified as 128 Long Beach. Said Plaintiffs hold title to said

cottage in trust.










attorney’s fee.







105









in any manner;





Count 92: Landers and Jennifer Symes, Trustees v. Town - Violation of M.G.L. c. 186, §










106




COUNT 93: William J. McMillan v. Town - Breach of Covenant of Quiet Enjoyment and




358. Plaintiff William J. McMillan resides in Winchester, Massachusetts (P.O. Box 1070) and











attorney’s fee.




107












in any manner;





Count 94: William J. McMillan v. Town - Violation of M.G.L. c. 186, § 15 By Way of








108






COUNT 95: Lee A. and Doreen H. Griffiths v. Town - Breach of Covenant of Quiet


of the Leases



365. Plaintiffs Lee A. Griffiths and Doreen H. Griffiths reside at 21 Wormwood Street, Unit

603, Boston, Massachusetts and own a cottage known and identified as 132 Long Beach.










attorney’s fee.


109














in any manner;





Count 96: Lee A. and Doreen H. Griffiths v. Town - Violation of M.G.L. c. 186, § 15 By






110








COUNT 97: John M. and Kelley A. McCarthy v. Town - Breach of Covenant of Quiet


of the Leases



372. Plaintiffs John M. McCarthy and Kelley A. McCarthy reside at 4 Bailey Terrace,

Peabody, Massachusetts and own a cottage known and identified as 136 Long Beach.










attorney’s fee.

111















in any manner;





Count 98: John M. and Kelley A. McCarthy v. Town - Violation of M.G.L. c. 186, § 15




112










COUNT 99: Cecily J. Gray v. Town - Breach of Covenant of Quiet Enjoyment and




379. Plaintiff Cecily J. Gray resides at 18 Highet Avenue, Woburn, Massachusetts and owns a

cottage known and identified as 02R Old County Road.









113


attorney’s fee.















in any manner;





Count 100: Cecily J. Gray v. Town - Violation of M.G.L. c. 186, § 15 By Way of Sections

6.3, 9.1, 9.2, 9.3, 12.12 of Leases

114












COUNT 101: Charles F. Hartnett v. Town - Breach of Covenant of Quiet Enjoyment and




386. Plaintiff Charles F. Hartnett resides at 851 Spruce Street, Winnetka, Illinois and owns a

cottage known and identified as 28 Old County Road.








115



attorney’s fee.















in any manner;





Count 102: Charles F. Hartnett v. Town - Violation of M.G.L. c. 186, § 15 By Way of


116












COUNT 103: Madelyn M. Sullivan, Trustee of the Sullivan Long Beach Realty Trust v.

Town - Breach of Covenant of Quiet Enjoyment and Violation of M.G.L. c.

186, §§ 14, 15B By Way of Section 2.6 of the Leases



393. Plaintiff Madelyn M. Sullivan resides at 191 Bolas Road, Duxbury, Massachusetts and


Sullivan Long Beach Realty Trust.





117






attorney’s fee.















in any manner;

118





Count 104: Madelyn M. Sullivan, Trustee of the Sullivan Long Beach Realty Trust v.

Town - Violation of M.G.L. c. 186, § 15 By Way of Sections 6.3, 9.1, 9.2, 9.3,

12.12 of Leases












COUNT 105: Brenda C. Gillis, Trustee of the Bastos Family Irrevocable Trust v. Town -

Breach of Covenant of Quiet Enjoyment and Violation of M.G.L. c. 186, §§




119

400. Plaintiff Brenda C. Gillis resides at 27 Wyman Street, Burlington, Massachusetts and own

a cottage known and identified as 134 Long Beach. Said Plaintiff is Trustee of the Bastos

Family Irrevocable Trust.










attorney’s fee.











120





in any manner;





Count 106: Brenda C. Gillis, Trustee of the Bastos Family Irrevocable Trust v. Town -

Violation of M.G.L. c. 186, § 15 By Way of Sections 6.3, 9.1, 9.2, 9.3, 12.12 of

Leases












121

COUNT 107: Pamela H. and Gene F. Gnerre v. Town - Breach of Covenant of Quiet


of the Leases



407. Plaintiffs Pamela H. Gnerre and Gene F. Gnerre reside at 101 Brooksby Village Drive,

#208, Peabody, Massachusetts and own a cottage known and identified as 19 Long

Beach.










attorney’s fee.







122









in any manner;





Count 108: Pamela H. and Gene F. Gnerre v. Town - Violation of M.G.L. c. 186, § 15 By










123




COUNT 109: Eleanor L. Thompson v. Town - Breach of Covenant of Quiet Enjoyment and




414. Plaintiff Eleanor L. Thompson resides at 116 Columbia Road, Arlington, Massachusetts

and own a cottage known and identified as 53 Long Beach.










attorney’s fee.




124












in any manner;





Count 110: Eleanor L. Thompson v. Town - Violation of M.G.L. c. 186, § 15 By Way of








125






COUNT 111: Angelo J. and Marlene Tedesco, Trustees of the Tedesco Living Trust v. Town





421. Plaintiffs Angelo J. Tedesco and Marlene Tedesco reside at 1427 Wando View Street,

Daniel Island, South Carolina and own a cottage known and identified as 146 Long

Beach. Said Plaintiffs are Trustees of the Tedesco Living Trust.










attorney’s fee.


126














in any manner;





Count 112: Angelo J. and Marlene Tedesco, Trustees of the Tedesco Living Trust v. Town


Leases



127










COUNT 113: Sharon M. Hitchcock v. Town - Breach of Covenant of Quiet Enjoyment and




428. Plaintiff Sharon M. Hitchcock resides at 32 Souther Road, Gloucester, Massachusetts and

owned a cottage known and identified as 62 Long Beach. Said Plaintiff sold said cottage

in 2015.


by the insertion of the abovesaid language of Section 2.6 of the Leases, said Plaintiff


lot, and a concomitant lesser sale price, as well as attorneys’ fees and costs.

430. The insertion of that language constituted a direct or indirect interference with the quiet

enjoyment of the residential premises and a breach of the covenant of quiet enjoyment

and a breach of Section 12.4 of the Lease, as a result of which interference and breach

128

said Plaintiff is entitled to actual and consequential damages, or three months’ rent,

whichever is greater, together with costs and a reasonable attorney’s fee.


(a) An award of actual and consequential damages, or three months’ rent,



(b) Such other relief as the Court deems meet and just.

JURY DEMAND

Each of the Plaintiffs demands a jury trial on all issues so triable.

Respectfully submitted,By Plaintiffs’ attorneys,

William H. Sheehan III, BBO #457060Thomas J. Flannagan, BBO #564328MacLean Holloway Doherty & Sheehan, P.C.8 Essex Center DrivePeabody, MA 01960(978) [email protected]@mhdpc.com

January 27, 2017

129

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