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MADDALENA v. BRAND

7 Mass. App. Ct. 466 (1979)

388 N.E.2d 337

ARTHUR D. MADDALENA, JR. & another, trustees, vs. ROBERT M. BRAND & others.

Appeals Court of Massachusetts, Barnstable.

April 26, 1979.

Attorney(s) appearing for the Case

Richard C. Anderson for the defendants.

Jerome Daniel Goodman for the plaintiffs.

Present: GRANT, ROSE, & DREBEN, JJ.

DREBEN, J.

The plaintiffs brought an action in the Superior Court seeking to compel the defendants to remove a boathouse allegedly constructed in violation of certain restrictions contained in the deed to the defendants' nominee. The trial judge found for the plaintiffs, and the defendants appeal from a judgment ordering the removal of the boathouse.

In determining whether the building of a boathouse violates...

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