On October 26, 2015 a
Complaint,Petition
was filed
involving a dispute between
Chamisa Corporation,
and
Devecchi, Anthony,
for Equitable Remedies
in the District Court of Hampshire County.
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COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE TRIAL COURT
HAMPSHIRE, SS SUPERIOR COURT
CIVIL ACTION No.:
CHAMISA CORPORATION, ]
Plaintiff
™ ; HAMPSHIRE SUPERIOR COURT
v. 9
OCT 262015
ANTHONY DEVECCHI ] |
Defendant ] HARRY JEKANOWSK(I, JR.
CLERK / MAGISTRATE
COMPLAINT FOR DECLARATORY JUDGMENT
. Plaintiff Chamisa Corporation (hereafter Chamisa or Landlord) is a corporation duly
organized under the laws of the Commonwealth of Massachusetts and conducting
business at 31 Campus Plaza Road, Suite 3, Hadley, Massachusetts 01035.
. Defendant Anthony DeVecchi (hereafter DeVecchi or Tenant) is a natural person with a
business address at 25 Main Street, Suite 444, Fourth Floor, Northampton, Massachusetts
01060.
In 1986, DeVecchi signed a lease with a predecessor in title, Roger Kirkwood, to rent
Suite 444, a portion of the fourth floor of 25 Main Street, Northampton, Massachusetts
(the Premises). See Lease attached as Exhibit 1.
. Chamisa purchased the property in 1993 with DeVecchi already a tenant in the subject
premises.
. Pursuant to the language of the lease, Tenant had the right to exercise an Option to
Extend for successive terms of one year.10.
11.
12.
13.
The provision granting the Option to Extend did not limit the number of years or times
that Tenant could extend the lease, nor did it have an end date for the lease.
The provision to extend the lease indefinitely as it exists in the present case, violates the
Rule Against Perpetuities.
Tenant has exercised his Right to Extend every year since the signing of the lease, and
has thereby extended the lease for approximately 29 years.
Landlord wishes to terminate the tenancy in order to renovate and reconfigure the
premises and put it to its highest and best use.
Count I
(Rule Against Perpetuities)
Plaintiff restates paragraphs 1 through 9 as if fully stated herein.
The lease contract is in violation of Massachusetts laws as it violates the Rule Against
Perpetuities.
Count IT
(Violation of Public Policy)
Plaintiff restates paragraphs 1 through 11 as if fully stated herein.
The Lease as it presently is written violates public policies and therefore is
unenforceable.Wherefore, Plaintiff requests this court:
1. Declare the Lease governing Suite 444, a portion of the 4" floor of 25 Main Street,
Northampton, MA, null and void and unenforceable as a matter of law.
2. Grant Plaintiff the right to terminate the tenancy as a tenancy at will.
3. Grant Plaintiff reasonable attorney’s fees for its prosecution of this action.
4. Grant such other remedies and costs as this court deems just.
RESPECTFULLY SUBMITTED,
CHAMISA CORPORATION
BY ITS ATTORNEY,
-
Date:__; 0/2 F/ [2 By:
Li nee J. Farber, Esq.
BBO# 547966
Farber and Lindley, LLC
30 Boltwood Walk, Front 101
Amherst, MA 01002
Tel: (413) 256-8429, Fax: (413) 256-8526
larry@farberandlindley.com
Document Filed Date
October 26, 2015
Case Filing Date
October 26, 2015
Category
Equitable Remedies
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~ a5 233 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPSHIRE, SS SUPERIOR COURT CIVIL ACTION No.: CHAMISA CORPORATION, ] Plaintiff ™ ; HAMPSHIRE SUPERIOR COURT v. 9 OCT 262015 ANTHONY DEVECCHI ] | Defendant ] HARRY JEKANOWSK(I, JR. CLERK / MAGISTRATE COMPLAINT FOR DECLARATORY JUDGMENT . Plaintiff Chamisa Corporation (hereafter Chamisa or Landlord) is a corporation duly organized under the laws of the Commonwealth of Massachusetts and conducting business at 31 Campus Plaza Road, Suite 3, Hadley, Massachusetts 01035. . Defendant Anthony DeVecchi (hereafter DeVecchi or Tenant) is a natural person with a business address at 25 Main Street, Suite 444, Fourth Floor, Northampton, Massachusetts 01060. In 1986, DeVecchi signed a lease with a predecessor in title, Roger Kirkwood, to rent Suite 444, a portion of the fourth floor of 25 Main Street, Northampton, Massachusetts (the Premises). See Lease attached as Exhibit 1. . Chamisa purchased the property in 1993 with DeVecchi already a tenant in the subject premises. . Pursuant to the language of the lease, Tenant had the right to exercise an Option to Extend for successive terms of one year.10. 11. 12. 13. The provision granting the Option to Extend did not limit the number of years or times that Tenant could extend the lease, nor did it have an end date for the lease. The provision to extend the lease indefinitely as it exists in the present case, violates the Rule Against Perpetuities. Tenant has exercised his Right to Extend every year since the signing of the lease, and has thereby extended the lease for approximately 29 years. Landlord wishes to terminate the tenancy in order to renovate and reconfigure the premises and put it to its highest and best use. Count I (Rule Against Perpetuities) Plaintiff restates paragraphs 1 through 9 as if fully stated herein. The lease contract is in violation of Massachusetts laws as it violates the Rule Against Perpetuities. Count IT (Violation of Public Policy) Plaintiff restates paragraphs 1 through 11 as if fully stated herein. The Lease as it presently is written violates public policies and therefore is unenforceable.Wherefore, Plaintiff requests this court: 1. Declare the Lease governing Suite 444, a portion of the 4" floor of 25 Main Street, Northampton, MA, null and void and unenforceable as a matter of law. 2. Grant Plaintiff the right to terminate the tenancy as a tenancy at will. 3. Grant Plaintiff reasonable attorney’s fees for its prosecution of this action. 4. Grant such other remedies and costs as this court deems just. RESPECTFULLY SUBMITTED, CHAMISA CORPORATION BY ITS ATTORNEY, - Date:__; 0/2 F/ [2 By: Li nee J. Farber, Esq. BBO# 547966 Farber and Lindley, LLC 30 Boltwood Walk, Front 101 Amherst, MA 01002 Tel: (413) 256-8429, Fax: (413) 256-8526 larry@farberandlindley.com