A Paxton family that lives next to the Anna Maria College campus filed a legal objection of its upcoming sale.

David Roy Sr., his wife Elaina Roy and their son David Roy Jr. filed two legal motions in August in Anna Maria's bankruptcy case, according to court records. The first legal motion asks a judge to declare that the family has an equitable title to a 2.4-acre parcel that was owned by Anna Maria and abuts Roy's property.

In a June 2025 lawsuit, the Roys accused the college of backing out of a promise to give the family that specific of the college's land.

In July 2025, Judge James G. Reardon Jr. entered an order preventing the sale of the parcel but that ruling was due to the college's bankruptcy case.

The second legal motion seeks to prevent the sale of the college until the ownership dispute is resolved, the court documents read. The college campus will be put up for sale in an auction this October.

A lawyer for the Roys did not immediately respond to a request for comment on Friday. Spokespeople for Anna Maria College also did not immediately respond to a request for comment on Friday.

On Sept. 4, Anna Maria College filed in court its opposition to the Roy's demands. The college claims that the Roys never legally recorded an ownership interest in the land and the deed for the lot is still under Anna Maria's name. The college also argues that bankruptcy law allows the college to disregard unrecorded claims.

"Whatever interest the Roys may assert they have, it is wholly unrecorded," the college wrote. "They are not in possession of Lot 2. They made no improvements. They paid no consideration. There is nothing in the public record or on the ground to alert any purchaser to their claim. Under Massachusetts law, that is the end of the inquiry."

In the June 2025 lawsuit, the Roys claimed that the college promised to gift them the land in 2023. They further said that officials — including former College President Mary Lou Retelle — reiterated the promise in meetings and emails. After months of progress, however, the college said it could not legally gift the land and stopped responding to the family, according to the lawsuit.

The Roys said they planned their future around the land being given to them. David and Elaina Roy, both of whom are Anna Maria alumni, chose not to sell their home and had planned to use the new property as their retirement home. Their children, including David Roy Jr., would have moved into their current home.

"The College has failed to honor its promises and representations to the Roys that it would convey the property to the Roys," the lawsuit reads.

In June 2026, one year after the complaint was filed against the college, Anna Maria put its entire campus up for sale. The move to try to sell the campus comes after the college abruptly closed in the Spring of 2026. The college has also filed for bankruptcy, listing 200 to 999 creditors and liabilities and assets between $10 million and $50 million, according to the bankruptcy filing.

In bankruptcy court filings, Anna Maria College President Sean J. Ryan, Ed.D., acknowledged the lawsuit filed by the Roys but said the college intends to market the entire campus for sale and disputed that the college owes them the land.

Kelleher & Sadowsky Associates of Worcester is listed as the college's its listing broker.

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