City of Boston v. Roxbury Action Program, Inc.

The city of Boston (city) commenced this action against Roxbury Action Program, Inc. (RAP), E. Denis Walsh (as trustee of the Rap-Up Nominee Trust), Frederick Massaro, and E&M Realty Corp., seeking to acquire title, free of all mortgages, to the properties located at 6-45 Vale Street and 60 *469Fulda Street in the Roxbury section of Boston (the property). The city seeks to enforce a covenant contained in a recorded document entitled “Instrument of Restriction” in which, among other things, RAP promised to convey the property to the city by July 31, 1974, if RAP was unable to obtain a certain…