Well-Built Homes, Inc. v. Shuster

Trombly, J. *

On October 25, 2001, Well-Built Homes, Inc. (“Well-Built”) filed Miscellaneous Case No. 275679 in the Land Court seeking a declaration pursuant to G.L.c. 231, that certain restrictions burden property in a division of land owned by Richard A. Shuster (“Richard” or “Shuster”). Shuster filed an answer and counterclaim on November 21, 2001. On November 26, 2001, Shuster filed an action in the Norfolk County Superior Court against Well-Built concerning the same property as in the Land Court case seeking damages sounding in tort, matters over which the Land Court does not have…