Town of Easton v. Easton MHC, LLC, 010220 MASUP , 1783CV00262
|Opinion Judge:||Karen F. Green Justice of the Superior Court|
|Party Name:||Town of Easton et al. v. Easton MHC, LLC et al.|
|Judge Panel:||Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Green, Karen F., J.|
|Case Date:||January 02, 2020|
|Court:||Superior Court of Massachusetts|
Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Green, Karen F., J.
ORDER FOR THE APPOINTMENT OF TEMPORARY RECEIVER
Karen F. Green Justice of the Superior Court
It appearing to the Court that, as a result of conditions created by the acts and omissions of the defendant, Easton MHC, LLC ("EMHC"), related to the maintenance of the wastewater collection (sewage), storm water drainage, and water delivery systems, as well as its failure to maintain the roads and to secure and/or remove abandoned units at, its mobile home park located at 305 Turnpike Street, Easton, Massachusetts (the "Park"), including EMHC’s failure to comply with: (1) an Order of the Easton Rent Control Board dated October 20, 2014, which was affirmed by this Court in the matter entitled Easton, MHC, LLC v. Town of Easton Rent Control Board et al., No. 1473CV001126; (2) an Order of the Easton Rent Control Board dated October 5, 2015, which was also affirmed by this Court in the matter entitled Easton MHC, LLC v. Town of Easton Rent Control Board et al., No. 1773CV00310; and (3) the July 3, 2019 Memorandum of Decision and Order entered in this action, the entry of this further Order appointing a temporary receiver, pursuant to G.L.c. 111, § 127I, is necessary to preserve the health, safety and well-being of the residents of the Park:1
WHEREAS, a temporary receiver is necessary to protect the immediate health and safety of the residents of the Park by ensuring the safe and lawful operation of its wastewater collection (sewage), storm water drainage, and water delivery systems, by repairing the Park’s ways, and by securing and removing abandoned units at the Park, during the pendency of this action, or until a permanent remedy is implemented at the Property; and WHEREAS, there is both subject matter and personal jurisdiction, as well as sufficient basis of fact presented by the plaintiffs, the Town of Easton and its Rent Control Board (collectively, the "Town"), for the entry of this Order.
IT IS HEREBY ORDERED that:
1. The parties in this matter have agreed, and the Court hereby appoints, Francis C. Morrisey, Esquire, of Morrissey, Wilson & Zafiropoulos, LLP, as Receiver of the Park.
2. The Receiver shall: (a) subject to the availability of sufficient funding, repair the Park’s infrastructure, including its roads and wastewater collection (sewage), storm water drainage, and water delivery systems, remove and/or secure abandoned units at the Park, and maintain it in a safe and healthful condition in compliance with the environmental and sanitary standards set by the Massachusetts Department of Environmental Protection, the Easton Board of Health, and other federal, state and local laws that may apply;
(b) have full power to borrow funds and to grant security interests or liens on the affected Property, to make and/or enter into contracts as the Receiver may deem necessary and, notwithstanding any general or special law to the contrary...
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