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LUMMIS v. LILLY

385 Mass. 41 (1982)

429 N.E.2d 1146

JOHN M. LUMMIS, JR. vs. JOSIAH K. LILLY, THIRD, & another.

Supreme Judicial Court of Massachusetts, Barnstable.

January 12, 1982.

Attorney(s) appearing for the Case

Donald L. Connors (Laura J. Goldin with him) for the plaintiff.

Thomas D. Burns (Catherine A. White with him) for the defendants.

Francis X. Bellotti, Attorney General, Stephen M. Leonard & Maxine I. Lipeles, Assistant Attorneys General, for the Commonwealth, amicus curiae, submitted a brief.

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

NOLAN, J.

The defendants filed a motion to dismiss or for summary judgment in answer to a complaint in three counts alleging nuisance, unreasonable use, and unjust enrichment, resulting from the defendants' installation and maintenance of a stone groin on their Cape Cod waterfront property, which almost adjoins the plaintiff's littoral property. Treating it as a motion for summary judgment, the trial judge ordered judgment...

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