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NANTUCKET CONSERVATION FOUND. v. RUSSELL MANAGEMENT

380 Mass. 212 (1980)

402 N.E.2d 501

NANTUCKET CONSERVATION FOUNDATION, INC. vs. RUSSELL MANAGEMENT, INC.

Supreme Judicial Court of Massachusetts, Nantucket.

March 25, 1980.

Attorney(s) appearing for the Case

Donald L. Connors (Terrance J. Hamilton with him) for the plaintiff.

Eugene L. Tougas for the defendant.

Howard R. Palmer, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, WILKINS, LIACOS, & ABRAMS, JJ.

ABRAMS, J.

At issue is whether G.L.c. 187, § 5,1 applies retrospectively so as to allow Russell Management, Inc. (Russell), to install underground utility lines beneath the surface of land owned by the Nantucket Conservation Foundation, Inc. As the owner of property ("Lot H") on the island of Nantucket, Russell enjoys, by deed, an easement for ingress and egress along a fifty foot wide private...

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