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ESTES v. DEMELLO

No. 03-P-793.

61 Mass. App. Ct. 638 (2004)

LEE E. ESTES & another v. JOHN E. DEMELLO & another, individually and as trustees.

Appeals Court of Massachusetts, Plymouth.

August 18, 2004.

Attorney(s) appearing for the Case

Donald H. Barnes, Jr., for the defendants.

Michelle A. McHale (Donald J. Fleming with her) for the plaintiffs.

Present: CYPHER, DOERFER, & GREEN, JJ.

GREEN, J.

The defendants appeal from a summary judgment of the Superior Court, declaring that they hold no rights in a way crossing the plaintiffs' property, as shown on a 1971 plan of subdivision. The way was never constructed on the ground in the manner depicted on the plan, a circumstance the motion judge concluded defeated the rights the defendants claim. We reverse.

Facts. The undisputed facts...

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