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DALEY v. SWAMPSCOTT

11 Mass. App. Ct. 822 (1981)

421 N.E.2d 78

THOMAS E. DALEY & another vs. TOWN OF SWAMPSCOTT & others.

Appeals Court of Massachusetts, Essex.

May 13, 1981.

Attorney(s) appearing for the Case

John M. Crean for Thomas E. Daley & another.

Howard R. Palmer, Assistant Attorney General, for the Commonwealth (Harvey F. Rowe, Jr., Town Counsel, with him).

Israel Bloch, Special Assistant Town Counsel, for the town of Swampscott & others.

Present: HALE, C.J., GRANT & GREANEY, JJ.

GREANEY, J.

A Land Court judge ordered title to the petitioners' land which is situated on the waterfront in Swampscott registered and confirmed subject to "the rights of the Town of Swampscott, its inhabitants and [twenty-three] named individual respondents to use so much of said land as lies seaward of the retaining wall ... for all usual purposes for which a beach is used." The petitioners have appealed, claiming...

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