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TOFIAS v. BUTLER

No. 87-767.

26 Mass. App. Ct. 89 (1988)

523 N.E.2d 796

ARNOLD B. TOFIAS & another, trustees, & another vs. WILLIAM C. BUTLER & others.

Appeals Court of Massachusetts, Middlesex.

June 3, 1988.

Attorney(s) appearing for the Case

Stanley J. Chlapowski for William C. Butler & another.

Richard W. Renahan for the plaintiffs.

Robert F. Pilicy, Assistant City Solicitor, for the Superintendent of Public Buildings of Waltham.

Present: BROWN, KAPLAN, & WARNER, JJ.

KAPLAN, J.

The locus is 34.372 acres of land west of and contiguous to Route 128 and north of and contiguous to Trapelo Road, Waltham, now owned by the Tofiases as trustees of the Reservoir Place Realty Trust (Trust I). The land was assembled thus. In September, 1981, the trustees bought the lot at 1601 Trapelo Road, a panhandle-shaped tract with a ground area of 11.5 acres, improved by a commercial building originally called "Tracerlab." A north-south line, with...

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