Answer: McNeil, John Ralph et al vs. Town of Groveland et al

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                                COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT

ESSEX, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 1777CV01378

JOHN RALPH MCNEIL, SUSAN MCNEIL,
DANIEL DONAHUE and JANE DONAHUE,
Plaintiffs,

Vv.

TOWN GROVELAND, SAM JOSLIN as TOWN

OF GROVELAND BUILDING INSPECTOR,

JOHN STOKES and GRACE STOKES,
Defendants.

NN eee

AMEMDED ANSWER OF
JOHN STOKES AND GRACE STOKES
TO COMPLAINT
NOW COME John Stokes and Grace Stokes (the “Stokes”), the Defendants, and Answer
the corresponding number paragraphs of the Plaintiffs’ Complaint as follows:
INTRODUCTION

1. The allegations in the Introduction numbered paragraph 1 are introductory and

conclusory in nature, and therefore no response is required.

  

PARTIES
2. Admitted
3. Admitted. Eo.
4, Admitted. ~ FORTHE GOUNT OF ESSEX
5. Admitted. 9 0 1° . OCT 63 2017
6. Admitted. Zz.7. Admitted.

8. Admitted.

9. Admitted.

JURISDICTION
10. Admitted.
FACTS

11. Admitted.

12. Admitted.

13. Admitted.

14. Admitted.

15. The Stokes are without knowledge or information sufficient to form a belief as to the
truth of the allegation set forth in paragraph 15.

16. The Stokes are without knowledge or information sufficient to form a belief as to the
truth of the allegation set forth in paragraph 16.

17. The Stokes are without knowledge or information sufficient to form a belief as to the
truth of the allegation set forth in paragraph 17.

18. The Stokes are without knowledge or information sufficient to form a belief as to the
truth of the allegation set forth in paragraph 18. 7

19. Admitted.

20. Admitted.

21. Denied.

22. The Stokes are without knowledge or information sufficient to form a belief as to the

truth of the allegation set forth in paragraph 22.23. The Stokes are without knowledge or information sufficient to form a belief as to the
truth of the allegation set forth in paragraph 23.

24. Denied.

25. The Stokes admit lumber was delivered, but the Stokes are without knowledge or

information sufficient to form a belief as to the truth of the allegation set forth in

paragraph 25.
26. Admitted.
27. Denied.
28. Denied.
29. Denied.
AFFIRMATIVE DEFENSES
FIRST DEFENSE

The Complaint fails to state a:claim upon which relief can be granted.
SECOND DEFENSE
The Plaintiffs claims are barred by the Statute of Frauds.
THIRD DEFENSE
The Plaintiff has unciean hands in that they were the cause’of any alleged» ~~

damage.
FOURTH DEFENSE

The Stokes state that the Plaintiffs’ claims are barred by estoppel and waiver.

FIFTH DEFENSE
The Plaintiff’s claims are by the Statute of Limitations.SIXTH DEFENSE
Any requested relief by the self-caused actions of the Plaintiff would cause

damage to the title and zoning protection of the Stokes.

SEVENTH DEFENSE
The Stokes hereby gives notice that they intend to rely upon such other and
further defenses as may come available or apparent during discovery proceedings this

case and hereby reserves their right to amend their Answer and assert such defenses.

WHEREFORE, the Stokes requests that this Court:

(1) Enter judgment dismissing the Complaint against the Stokes;

(2) Deny the requested preliminary injunction and permanent injunction;

(3) | Award the Stokes reasonable costs and attorneys’ fees incurred in the defense of
this action; and

(4) Grant the Stokes such other relief and further relief as the court deems just and

proper.
Respectfully submitted,
John Stokes and Grace Stokes.
By their attorney,
9
September 30, 2017 Cones

Peter J. Caruso (BBO # 076920)
Caruso & Caruso, LLP

68 Main Street

Andover, MA 01810

Tel: 978.475.2200

Fax: 978.475.1001

pcaruso: @carusoandcaruso.comCERTIFICATE OF SERVICE

I, Peter J. Caruso, attorney for John Stokes and Grace Stokes, hereby certify that on

September 30, 2017, a copy of the forgoing Motion and Affidavit of John Stokes were served by
e-mail to:

James M. Bowers, Esq.
jbowers@mbblawoffices.com
Rachel L. Bowers, Esq.
rjudkins@mbblawoffices

Sam Joslin
sjoslin@grovelandma.com

Peter J. Caruso