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RIVERS v. WARWICK

No. 92-P-1538.

37 Mass. App. Ct. 593 (1994)

641 N.E.2d 1062

ROBERT A. RIVERS & another vs. TOWN OF WARWICK & another.

Appeals Court of Massachusetts, Franklin.

November 8, 1994.

Attorney(s) appearing for the Case

Raymond R. Randall (Leslie F. Black with him) for the defendants.

John G. Tardif for the plaintiffs.

Present: ARMSTRONG, SMITH, & PORADA, JJ.

ARMSTRONG, J.

The plaintiffs, owners of a summer house and four parcels of land in Warwick, brought this action to recover damages under G.L.c. 79, § 10, and c. 82, § 24, for the action of the town, in town meeting, in discontinuing two roads (Page Road and Flagg Road) and part of a third (Wilson Road). See Mahan v. Rockport, 287 Mass. 34, 37 (1934). The case was tried on the plaintiffs' theory that these were all town ways, or public ways...

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