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COOMBS v. BOARD OF SELECTMEN OF DEERFIELD

No. 87-503.

26 Mass. App. Ct. 379 (1988)

528 N.E.2d 136

ALLYN W. COOMBS, trustee, & another vs. BOARD OF SELECTMEN OF DEERFIELD & another.

Appeals Court of Massachusetts, Franklin.

September 16, 1988.

Attorney(s) appearing for the Case

Wendy Sibbison for the defendants.

Benjamin A. Barnes for the plaintiffs.

Present: ARMSTRONG, KAPLAN, & WARNER, JJ.

ARMSTRONG, J.

Hawks Road in Deerfield, originally an Indian trail, was laid out as a county highway in 1754. From its intersection with Upper Road in Deerfield, it runs north and west into the neighboring town of Shelburne. The 1.62 mile segment of Hawks Road involved in this action is unpaved road through woods and wetlands which does not, so far as the record indicates, have any residences or structures. It is used primarily by loggers and farmers, although several...

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