FORTIER v. TOWN OF ESSEX

No. 00-P-994.

52 Mass. App. Ct. 263 (2001)

ELIZABETH H. FORTIER & another v. TOWN OF ESSEX.

Court of Appeals of Massachusetts, Essex.

August 9, 2001.


Attorney(s) appearing for the Case

Bruce E. Fortier, pro se.

Katharine I. Goree for the defendant.

Present: JACOBS, GILLERMAN, & CYPHER, JJ.


GILLERMAN, J.

Elizabeth H. Fortier and her late husband Frank purchased a house lot at 47 Southern Avenue (property) in the town of Essex (town) in 1948. The town constructed a system of street drains in 1953, which included construction of a drainage ditch across the property.

The ditch fell into disrepair, and in 1977, in response to the town's claim that it was not able to repair the ditch because it could not enter onto the property, Mrs. Fortier and other...

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