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TRIANGLE CENTER, INC. v. DEPARTMENT OF PUBLIC WORKS

386 Mass. 858 (1982)

438 N.E.2d 798

TRIANGLE CENTER, INC. vs. DEPARTMENT OF PUBLIC WORKS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 26, 1982.

Attorney(s) appearing for the Case

Alicia R. Lopez (Robert V. Cauchon with her) for the plaintiff.

Howard R. Palmer, Assistant Attorney General, for the defendants.

Orrin P. Rosenberg, Verne W. Vance, Jr., & Barry Nagler, for Massachusetts Conveyancers' Association & another, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

Triangle Center, Inc. (Triangle), appeals from the Land Court judgment denying its prayer to enjoin the Department of Public Works (DPW) from discharging water from a State highway onto Triangle's land. The DPW cross appeals, asserting that the Land Court erred in ruling that the DPW's claimed drainage easement was extinguished by G.L.c. 185, § 45. Because we conclude that the DPW never had a drainage easement, we do not consider whether such an...

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