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McCARTHY v. OAK BLUFFS

419 Mass. 227 (1994)

TERRENCE P. McCARTHY & another vs. TOWN OF OAK BLUFFS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 21, 1994.

Attorney(s) appearing for the Case

Brian M. Hurley (Donald R. Pinto, Jr., with him) for the plaintiffs.

Ronald H. Rappaport (Russell Beck with him) for town of Oak Bluffs.

Irene L. Guild, Assistant Attorney General (Stephen Dick, Assistant Attorney General, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

The plaintiffs, Terrence P. and Simone B. McCarthy, filed a verified complaint in the Land Court, naming as defendants the town of Oak Bluffs (town) and the Commonwealth, and seeking a declaration, pursuant to G.L.c. 185, § 1 (k) (1992 ed.),3 and G.L.c. 231A (1992 ed.), that they are entitled to the exclusive use and control of a portion of a wooden plank deck attached...

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