Title: KERRY KENNEDY, Plaintiff, v. ALAN J. DABBIERE, Defendant.
Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division
Case Number: 1:20-cv-00882 (AJT/MSN)
Date: Jun 23, 2021
Facts:
Plaintiff Kerry Kennedy (the “Plaintiff” or “Kennedy”) seeks to recover a large lawn urn, with a judicial declaration that the urn is her personal property. The urn is physically located on the grounds of the former home of Plaintiff’s father and mother, the late Senator Robert F. Kennedy and Mrs. Ethel Skakel Kennedy (“Mrs. Kennedy”), known as Hickory Hill in McLean, Virginia, which is currently owned by Defendant Alan J. Dabbiere (the “Defendant” or “Dabbiere”). [Doc. No. 13] (the “Amended Complaint” or “Am. Coml.”). The parties have filed cross-motions for summary judgment [Doc. Nos. 51, 52] (collectively, the “Motions” or “Mots.”). There are no genuine issues of material fact, and for the reasons stated below, Plaintiff is entitled to judgment as a matter of law. The plaintiff’s Motion is therefore GRANTED ; and the Defendant’s Motion is DENIED..
Issue:
CONCLUSION:
Accordingly, for the foregoing reasons, it is hereby
ORDERED that Defendant Alan J. Dabbiere’s Motion for Summary Judgment [Doc. No. 51] be, and the same hereby is, DENIED ; it is further
ORDERED that Plaintiff’s Motion for Summary Judgment and to Dismiss [Doc. No. 52] be, and the same hereby is, GRANTED ; and it is further
ORDERED that that judgment be, and the same hereby is, ENTERED in favor of Plaintiff as to Counts I and II of the Amended Complaint and also Counts I, II, and III of Defendant’s Counterclaim; and it is further
ORDERED that the Urn is declared the Plaintiff’s personal property, and not a fixture that was conveyed to Defendant with the sale of Hickory Hill, and that Defendant specifically perform by the 2010 Agreement by delivering the Urn to Plaintiff’s possession by arrangements to be made by the Plaintiff at her expense.