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HORVITZ v. ST. JOHN THE BAPTIST CHURCH CORPORATION

1998 Mass. App. Div. 143 (1998)

Phyllis B. Horvitz, and others v. St. John the Baptist Church Corporation, and another

Massachusetts Appellate Division, Southern District.

July 27, 1998.

Attorney(s) appearing for the Case

Robert F. Murray for the plaintiffs.

Monique M. Chiacchia and David J. Himmelberger for the defendants.

Present: Aguiar, P.J., Minehan & Belford, JJ.

Minehan, J.

Plaintiffs appeal an award of nominal damages on their claims for trespass and conversion arising out of an enlargement of burial space within a cemetery.

Plaintiffs, Phyllis B. Horvitz (Horvitz), Jose M. Mateus and Adalgiza M. Mateus (Mateus), owned adjoining plots of land. The westerly side of each property abutted the cemetery. In 1994, St. John the Baptist Church Corporation (St. John) decided to expand its property to increase the burial capacity...

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