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Throughout the 1990s, Borden Light Marina Inc. builds its retaining walls between condominiums and its property.
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Landing at South Park Condominium Association initiates action in Massachusetts Land Court against Borden Light to enforce rights to a visional and erosion control easement, alleging encroachment violations. Borden Light denies violation and issues counterclaim against condo association for trespassing with structures on its property and related issues. The case would lie dormant for 10 years.
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Land Court issues temporary restraining order and preliminary injunction stopping marina from “engaging in construction within the erosion control easement.”
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In 2002, Borden Light begins building a retaining wall, at the rate of about 100 feet of a year, estimates owner Michael Lund.
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Sometime in 2006, after four years of work, Borden Light stops adding to its retaining wall sometime, according to owner Michael Lund.
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From 2008-2009, Borden Light builds last portion of retaining wall of about 630 feet, bringing total expanse to about 1,750 feet.
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The condo association files civil contempt suit over the 630-foot portion of retaining wall Borden Light built, alleging violation of the 2000 injunction.
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Four-day Land Court trial begins. It lasts from Nov. 8-10, then reconvenes and comes to an end Jan. 9, 2011.
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The last day of the land court trial.
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In February 2011, Land Court Judge Judith Cutler, in a preliminary order to the suit, directs Borden Light to move any boats within 20 feet of the “erosion control easement area.” Full decision to come later.
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Cutler says Borden Light’s construction of the 630-foot section, for which condo association filed civil contempt, “unreasonably interfered” with the easement area and violated the association's visual easement. She orders the marina to take down the wall, and that the marina and condo association file agreement terms within 30 days, after which she will issue final judgment.
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Borden Light’s Michael Lund sends letter to 140-unit condo members saying they plan to appeal and are working to integrate other litigation involving the two parties.
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Judge Cutler issues a judgment ordering Borden Light to start removing the retaining wall within 90 days by applying for all permits and licenses and to begin the work within 60 days of obtaining them.
