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PARKER v. BLACK BROOK REALTY CORPORATION

No. 03-P-354.

61 Mass. App. Ct. 308 (2004)

LYNN H. PARKER & others v. BLACK BROOK REALTY CORPORATION.

Appeals Court of Massachusetts, Suffolk.

June 9, 2004.

Attorney(s) appearing for the Case

John D. Powers for the defendant.

Mark S. Bourbeau for the plaintiffs.

Present: Doerfer, Cohen, & Mills, JJ.

MILLS, J.

Abutters appealed approvals of a definitive subdivision plan of land located partly in the town of Mendon and partly in the town of Hopedale. A Land Court judge determined that the subdivision proponent, Black Brook Realty Corporation (Black Brook), did not have the legal right to use certain of the land that provided access from the exterior of the subdivision to the nearest adjacent public way. Black Brook appeals the judgments

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