paradise dachshunds uxbridge, ma

Helen Paradise is on the Board of Directors of the Bay Colony Dachshund Club and a member of the Connecticut Yankee Dachshund Club. In this case, if Plaintiffs show that the intended purpose of the contested Stonecrest II restrictions was to benefit and provide enforcement rights to individual adjoining landowners, the failure to point expressly to Plaintiffs' land as benefited in the deed into Defendants does not as matter of law strip away Plaintiffs' opportunity to obtain judicial relief. Id. Based on the credible evidence, I conclude that these restrictions were crafted to aid individual lot owners, and not just the initial subdivider, even though the restrictions are similar but not identical in each Stonecrest II deed. 34. Other similar breeders allow for the deposit to be applied to another puppy in a future litter. Interpretation of the Restrictive Covenants. 25. The existence of such a building scheme has often been relied on to show an intention that the restrictions imposed upon the several lots shall be appurtenant to every other lot in the tract included in the scheme. c. 184 30 from bringing this action to enforce by way of injunction the restrictions in Defendants' deed. Plaintiffs assert that Defendants are operating a commercial dog breeding and sales operation in violation of restrictions in Defendants' deed limiting the Property to residential use. I credit the testimony of Helen Paradise that she does not have an occupation outside of the home, nor has she had such an occupation since June of 2013. c. 184, 30, (2) even if Plaintiffs do have standing, the restrictions in the deed do not limit the Property to residential use, and (3) even if the Property is restricted to residential use, the dogs are pets, the breeding activity is accessory to residential use, and there are no activities underway on Defendants' Property which are commercial in nature. Contact Reference Librarians. 33. The breeder has NOTHING to do with it. This was caused by vaccinations she received prior to being purchased by me. This review was chosen algorithmically as the most valued customer feedback. I credit the testimony of Helen Paradise that she generally reflects accurately in her tax filings the income received from puppy sales and activities, as well as the costs associated with breeding and showing dogs. I find helpful, for example, the reasoning in Hume v. Building Inspector of Westford, 355 Mass. I also credit the testimony of Joseph Cove, who stated that the underlying zoning allowed agricultural uses, hotels, and restaurants, and that the deed restrictions were written to keep these activities, otherwise allowed of right, from occurring. I credit the testimony of Gary Hutnak that he did not intend for any property in the Stonecrest II development to be used for commercial purposes. Completely agree with everything you just stated. Defendants also point to the introductory language which comes before the numbered restrictions in the deed: "The property as described above is conveyed subject to the following restrictions imposed by the Grantor which are not reciprocally imposed on any remaining land of the Grantor unless this Grantor specifically in writing so restricts all or a portion of his remaining land." [Note 5] Nothing in the judgment that will enter in this case is intended to limit or preclude the Plaintiffs or others from pursuing, if and as necessary and appropriate, other distinct available legal remedies, public or private. The fact is that they may be overpriced compared to other breeders and I would have no need to complete their application. 01569 Scale 1" = 100' February 2002" by Andrews Survey and Engineering, Inc., recorded with the Registry in Plan Book 791, as Plan 92 on February 27, 2003. On January 4, 2016 Helen Paradise applied for a commercial kennel license with the Town, which was issued on January 7, 2016. The Issue Is Whether That Reflects the True Intent of the Parties to the Instrument, and Based on the Record, That Is Not Clear. After Brear's interpretation of the legislative alteration of the common law rules for enforcement of restrictions, first adopted in 1961, it is difficult to see how the doctrine of common scheme development restrictions, as articulated by Justice Lummus in Snow, above, survives generally. What Signs You Should Look Out For. Helen Paradise contracted for stud services in 2012 in which her dogs were bred to three different male dogs. I credit the testimony of Joseph Cove, who practiced law as an attorney in Uxbridge, Massachusetts, that he has represented the Hutnak Development Corp. in all of its development work since its incorporation, and that he drafted the Defendants' deed restrictions in consultation with his client, Hutnak Development Corp. 20. Although her contract states no refunds for any health issues down the road, the issues were something that couldn't have been detected at the first vet visit and since she had the vaccinations administered I feel that she is responsible. But in the Context of Creating a Desirable Subdivision in Which Residential Properties Were Laid Out, the Court Cannot Conclude as a Matter of Law There Was No Interest in the Developer in Restricting the Ongoing Uses That Would Take Place on Such Lots. Plaintiff introduced no evidence that I credit to show that Defendants' fences and other outdoor structures are inconsistent with residential use of their home. It is common for residential owners to fence in areas and create small ancillary structures for their pets to use. Defendants have a website that describes the dogs and their parentage, and advertises them for sale in the open market. Submit a complaint and get your issue resolved. The woman who commented above needs to grow up and take responsibility for the little pup instead of blaming someone else. 12. She is on medication for the duration of her life which costs about $60/mth and has to go to a dermatologist for check ups. Ct. 427 (2003). I find that Defendants, between 2010 and 2013 sold, on average, between six and nine puppies per year. 46. The bylaw in that case allowed only accessory uses "of a type 'customarily incident to' an expressly permitted use," which meant a use that would customarily accompany residential use. I stand with Paradise Dachshunds, a terrific breeder. I conclude that Defendants' breeding and selling of the of dogs, in the manner and quantities shown at trial, is commercial activity, that exceeds what is allowable under the restrictive covenants which bind Defendants and their use of the Property. I credit their testimony that the extended presence of so many dogs on the Defendants' property has led to intrusive noise heard by the Plaintiffs regularly that goes beyond what one would experience living next to a home with a small number of dogs kept as pets. The Stonecrest II Subdivision, as shown on the Plan, consists of twenty parcels. The total number of dogs moving through the home are too great. I credit the testimony of Helen Paradise that, to get them ready for shows, she walks the dogs on the front lawn of the Property and up and down the driveway. 44. . A number of exceptions to enforcement contained in these statutes do not apply to this case, but there are two relevant sections, G.L. We just purchased a lovely 13 week old female pup from Helen, who was not only very professional, but drove over 2 hours to NH to deliver this wonderful dog to us, at no extra, cost. I credit the testimony of Gary Hutnak, president of the Fred Hutnak Development Corp., Inc. ("Hutnak Development Corp."), developer of the Stonecrest II subdivision, that he directed that the restrictive covenants be included in the individual deeds out, to limit the improvement and use of lots within the development to residential use. 16. As far as deposits, of course they are transferable to another litter. 37. I give little weight to Helen Paradise's testimony that she does not know what is on her website, and that the prices listed on the website may not be accurate. 15. I am convinced and find, based on the testimony and other evidence I find persuasive, that the purpose of the restrictions was to assure Stonecrest II home buyers, such as Plaintiffs, that they would be purchasing and living in a home in a residential neighborhood with a particular residential appearance, character, and attributes, and that certain activities on, and uses of, neighboring property would not be allowed. Where, as Here, the Property Was Sold Improved with a Finished Home Already Constructed, it Is Implausible the Grantor Intended to Regulate Only the Already Accomplished Task of Construction on the Property. This disorder affects the pads of the paws and the ears. I credit the testimony of Gary Hutnak that he placed similar deed restrictions in all of the deeds so those buying a home in Stonecrest II would know that those who had already purchased homes were subject to the same rules. While I accept that having dogs outside allows more of their barking and other noises to be audible off the Property than if the dogs are confined at all times inside, that would be a harsh and unworkable remedy, and is not indicated to achieve compliance with the restrictions. Helen Paradise testified that purchasing a show quality dog is an expensive proposition. I generally credit the testimony of Helen Paradise that Defendants began breeding puppies because it is too expensive to purchase award winning show dogs. The dog was 9 months old and had been kept back for show, however, she did not have the qualifications as a show dog and I was told also to small to breed. I am not convinced that running this sales operation out of the home on the Property is a use genuinely residential in character, but neither do I see the need, to protect the Plaintiffs' legitimate interests, for an injunction which bans that activity. The whiny woman also needs to honor her contract! Defendants challenge Plaintiffs' standing to bring this action to enforce the restrictions in Defendants' deed. Like the lady said, this isnt a washing machine. All puppies of Paradise Dachshunds are licensed, inspected by AKC. Ct. 166 , 174 (2013) ("Rosenfeld . 36. I was charged the full price I would have been charged had I taken a 8 week old puppy. More specifically, it reads that any cancellation will forfeit the $200 deposit. 40. None of the dogs kept on the Property now live, or in the past have lived, in a structure separate from the Paradise home. The Defendants Offer a Reading That the Restriction Was Intended to Control Additional Construction Elsewhere on the Lot. This case was filed on December 11, 2014. Trial Court Law Libraries. c. 184, 27 (a) and 30, which control who is able to enforce a recorded restriction. Having found that Defendants are engaged in a commercial dog breeding operation, the next question is whether this activity is consistent with residential use of the Property, as controlled by the deed restrictions. I conclude that the boarding of around twelve dogs in the home, many of which regularly are bred and advertised publically for sale, and then sold, exceeds what is allowable under the restrictions in Defendants' deed. 57. Shortly after I took possession of the dog she began to show signs of an ammunition system disorder called Vasculitus. App. No one, including me, wants to see any animal suffer. In the circumstances of that case, the Supreme Judicial Court concluded that "a kennel for a substantial number of dogs does not constitute a permissible [use] accessory or incidental [to the permitted residential] use." The restrictions, I find and rule, were intended not only to protect the developer while it sold off lots, but, beyond that, to assure home owners that each of the other house lots next to them would remain subject to consistent rules intended to preserve and make meaningful these restrictions on the use of the nearby properties, going forward. The focus of the restrictions, considered generally, is to establish and preserve this new neighborhood into which the parties moved, of an exclusively residential (and definitely not a commercial) look, feel, and character. The court received the transcript on April 21, 2016, and gave the parties notice that all filings were to be submitted by May 23, 2016. 59. The third restriction states: "No livestock meaning cattle, swine, horses or sheep shall be maintained on the property, nor shall any poultry, waterfowl, ducks and/or geese be maintained on the property." 53. (5) enforcement, except by award of money damages, is for any other reason inequitable or not in the public interest. I credit the testimony of Helen Paradise that Defendants sell all of the puppies that they do not keep as show dogs, and sell some older retired show dogs. involved an ordinary private deed restriction whose very purpose is to benefit adjoining property."). At the conclusion of the taking of evidence, the trial was suspended to allow the parties an opportunity, after the transcript of the evidentiary portion of the trial was received, to submit proposed findings of fact and proposed rulings of law supported by memoranda of law. I find that Plaintiffs' parcel was an intended beneficiary of the restrictions in Defendants' deed, and that Plaintiffs and their land are actually and substantially benefitted by the restrictions. Established by Helen Paradise, Paradise Dachshunds have produced some very nice show quality puppies that have gone on to become Champions, Grand Champions and Specialty Award Winners. I recognize that, as a result, I must apply the law as it governs the interpretation and enforcement of private property servitudes in deciding whether, and to what extent, the Defendants are violating these restrictions, and, if they are, what remedies would be appropriate. I credit the testimony of Helen Paradise that she frequently is at home both day and night, where she engages in breeding miniature dachshunds and training them for dog shows. c. 186, 26-30 who are intended to have the benefit of the deed restrictions in Defendants' deed. Based on the Summary Judgment Record, Court Is Unable to Accept the Argument Advanced by Defendants That the Restriction Contained in the 2003 Deed to Defendants from Fred Hutnak Development Corp., Inc. Is to Be Read as Literally as the Defendants Advocate. Personal ownership of horses, in particular, could be deemed "reasonably related to the primary residential use" of a property. 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The license is for nine dogs, and the kennel activity was stated to be "show dogs, breeding.". Horses, however, need shelter, and Joseph Cove was clear that the intent of the deed restriction was to prevent even otherwise allowable residential uses, such as keeping horses as pets, from occurring in the Stonecrest II neighborhood. 58. Can you please share with me when this was? Instructive are those which treat the somewhat analogous issues that arise in zoning districts allowing only residential use, where certain activities are said to exceed that allowed use. Old puppy signs of an ammunition system disorder called Vasculitus primary residential use '' a. Westford, 355 Mass including me, wants to see any animal.... To see any animal suffer use '' of a property. `` ) enforcement except..., on average, between six and nine puppies per year. `` ) of helen Paradise that began! For sale in the public interest adjoining property. `` Paradise is on the Lot an ammunition system called. 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