Donovan v. Fafard Real Estate & Development Corp.

In this action plaintiffs seek a declaratory judgment voiding an easement on their property. The complaint alleges violation of G.L.c. 183A, failure of consideration, breach of fiduciary duty, trespass, and nuisance. Defendants move to dismiss or, alternatively, for summary judgment. For the following reasons, defendants’ motion for summary judgment is allowed as to Count II (failure of consideration) and is otherwise denied, and summary judgement shall enter against defendants as to Count I (violation of G.L.c. 183A). See Mass.R.Civ.P. 56(c).

BACKGROUND

The following facts are not genuinely…