COMMONWEAL TH OF MASSACHUSETTS

LAND COURT DEPARTMENT OF THE TRIAL COURT

HAMPSHIRE SS. CASE NO. 2018 MISC.

OLD HADLEY POST No. 271 AMERICAN LEGION, INC., Plaintiff

VS.
TOWN OF HADLEY, Defendant

COMPLAINT DECLARATORY JUDGMENT AND EQUITABLE RELIEF

Introductory Statement 1

On May 25, 1950, defendant Town of Hadley ("Hadley") conveyed land on Russell Street

(Route 9) in Hadley to plaintiff Old Hadley Post No. 271 American Legion, Inc. ("American Legion"),

shown as follows on a recorded survey plan as "Area 0.73+/- Acres":

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The American Legion constructed on its land a substantial brick building shown in the photo

below, with a parking lot that since the early l 950's has extended northerly onto land shown on the

1
No pleading response is required to this plain English introduction, provided as a courtesy to Hadley
town officials, especially the Senior Center Building Committee. Plaintiff American Legion hopes the
Committee now will take seriously its concerns, which they have been expressing for months.
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above plan as "Town of Hadley." The rear portion of the parking lot shown in the photo below (to the

left (westerly) of the building) is on that town land to the north of the American Legion property:

The current aerial photo below depicts essentially the same land area as the survey plan on the

preceding page, with the upper (northerly) (portion of the American Legion parking lot located since

the early 1950's on Town of Hadley land:

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 The defendant Town of Hadley has allocated funds and is preparing plans for a new senior

citizen center to be constructed on the portion of the American Legion parking located on the land just

above (northerly of) the American Legion property, to which the defendant Hadley holds record title.

The Hadley Council on Aging's Senior Center Building Committee, which is in charge of plans for the

proposed new senior center, has refused to change the location of the new building, despite repeated

pleas to do so.

Plaintiff American Legion is bringing this lawsuit to establish either ownership by adverse

possession or an easement by prescription over the northerly portion of its parking lot, located on land

to which defendant Hadley holds record title. The Legion has used that land for a parking lot for far

more than the 20 years required to establish a presumption of adverse use and occupation.

Because use of land for twenty years or more is presumed to be adverse, and therefore will

give rise either to ownership by adverse possession or a prescriptive easement, the burden is on

defendant Hadley to prove that such use was permissive, in order to defeat the plaintiffs claims.

The period at issue in this lawsuit is 1950 to December 9, 1987, which is the effective date of a

statutory amendment barring claims against a municipality based on adverse use of land held for a

public purpose. Massachusetts General Laws, Chapter 231, Section 31 now states in relevant part as

follows (underlining added):

No action for the recovery of land shall be commenced by or in behalf of the commonwealth,
except within twenty years after its right or title thereto first accrued, or within twenty years
after it or those under whom it claims have been seized or possessed of the premises; ...
provided, further, that this section shall not bar any action by or on behalf of the
commonwealth, or any political subdivision thereof, for the recovery of land or interests in
land held for conservation, open space, parks, recreation, water protection, wildlife protection
or other public purpose.

The statutory proviso underlined in the quotation above was added by the Legislature in 1987

by 1987 Mass. Acts, Chapter 564, Section 54. Section 55 of that chapter stated "This act shall take

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effect upon its passage." The effective date of the legislative act was December 9, 1987. Section 46 of

that chapter made it clear that the legislation was not retroactive, with these words:

The provisions of sections fifty-one and fifty-four of this act shall not be construed to abrogate
the rights of any person in an action to establish title by adverse possession who has seized or
possessed real property or an interest in real property for no less than twenty years pursuant to
section thirty-one of chapter two hundred and sixty of the General Laws prior to the effective
date of this act.

In its formal complaint set forth below, plaintiff American Legion respectfully asks the court to

grant the following relief:

(1) adjudicate and declare that it has either ownership by adverse possession or a prescriptive

easement for a parking lot on the above described and pictured land to which defendant Hadley

holds record title; and

(2) order defendant Hadley not to trespass upon, or interfere in any way with plaintiffs use of that

parking lot.

Parties

1. Plaintiff Old Hadley Post No. 271 American Legion, Inc. ("American Legion") is a

duly organized and existing Massachusetts nonprofit corporation with its principal office located at

162 Russell Street, Hadley, Hampshire County, MA 01035.

2. Defendant Town of Hadley ("Hadley") is a duly organized and existing municipal

corporation incorporated in May 22, 1661. Records of the Governor and Company of the

Massachusetts Bay in New England (Mass. Bay Records), Volume 4, Part 2 1661-1674 (Boston 1853).

The Hadley Hall is located at 100 Middle Street, Hadley, MA 01035.

Allegations of Fact

3. By a deed recorded May 25, 1950, in Hampshire County Registry of Deeds at Book

1069, Page 328, defendant Hadley conveyed land on Russell Street (Route 9) in Hadley to plaintiff

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American Legion, shown as "Area 0.73+/- Acres" on a plan (the "survey plan") recorded in said

Registry at Plan Book 35, Page 7B. Said land is shown on that survey plan as follows:

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4. Plaintiff American Legion constructed on said land a substantial brick building shown

in the photo below, with a parking lot that since the early l950's has extended northerly onto land

shown on the above survey plan as "Town of Hadley." The rear portion of the parking lot shown in the

photo below (to the left (westerly) of the building) is on that town land to the north of the American

Legion property:

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 5. The current aerial photo below depicts essentially the same land area as the survey plan

on the preceding page, with the upper (northerly) (portion of the American Legion parking lot located

since the early I950's on Town of Hadley land:

6. Defendant Hadley has allocated funds and is preparing plans for a new senior citizen

center to be constructed on the portion of plaintiff American Legion's parking located on the land to

which defendant Hadley has record title, located plaintiff Old Hadley Post No. 271 American Legion,

Inc. just above (northerly of) the American Legion property.

7. The Hadley Council on Aging's Senior Center Building Committee, which is in charge

of plans for the proposed new senior center, has refused to change the location of the new building,

despite repeated pleas to do so.

8. Plaintiff American Legion has used said parking lot in an open and notorious,

continuous, exclusive and adverse manner from about 1950 to the present day.

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 9. The land on which said parking lot is located was obtained by defendant Hadley by an

eminent domain order of taking dated and recorded March 18, 1921, recorded in the Hampshire

County Registry of Deeds at Book 766, Page 411 (the "order of taking").

I 0. The order of taking states in part that "said land as above described is hereby taken by

right of Eminent Domain for the puposes of a lot on which to constructe a schoolhouse for the use of

the Town of Hadley."

11. Subsequent to the recording of the order of taking, defendant Hadley did construct a

school on the westerly part of the land which was the subject of the order of taking; the American

Legion parking lot is on the easterly end of that lot.

First Claim for Relief: Declaratory Judgment, G.L. c. 231A & G.L. c. 185, § l(k)

12. Plaintiff American Legion re-alleges Paragraphs I through 11 above as though fully set

forth herein.

13. The Land Court has jurisdiction over this claim for relief under G.L. c. 185, § I (k) and

G.L. c. 23 IA, § I.

14. There exists between the parties to this action an actual justiciable controversy within

the jurisdiction of this Court concerning whether plaintiff American Legion has established either title

by adverse possession or a prescriptive easement over the northerly portion of its parking lot which is

located land to which defendant Hadley holds record title.

WHEREFORE, plaintiff American Legion respectfully prays that the Court adjudicate and

declare that plaintiff American Legion has established either title by adverse possession or an

easement by prescription a parking lot on land to which the defendant Hadley has record title, and

award plaintiff American Legion its costs of this action.

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 Second Claim for Relief: Equitable Relief, G.L. c. 185, §§ l(k) & l(o)

15. Plaintiff American Legion re-alleges Paragraphs 1 through 11 above as though fully set

forth herein.

16. The Land Court has jurisdiction over this claim for relief under G.L. c. 185, §§ I(k) &

l(o).

WHEREFORE, plaintiff American Legion respectfully prays that the Court grant equitable

relief as ordering defendant Hadley not to trespass upon or interfere in any way with plaintiffs use of

that parking lot, and such other and further equitable relief as the court deems just and appropriate, and

award plaintiff Amherst Media the costs of this action.

Plaintiff Old Hadley Post No. 271 American Legion, Inc., by its attorney
c_

t'J,dffl'/°gff/ Dated April 10,2018

Michael Pill, Esq., BBO# 399880
Green Miles Lipton LLP
77 Pleasant Street, P.O. Box 210
Northampton, MA 01061-0210
(413) 586-8218; FAX (413) 584-6278; email mpill@verizon.net

MP/csh/Ll.1122.HadleyAmericanLegion.

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