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KITRAS v. TOWN OF AQUINNAH

No. 04-P-472.

64 Mass. App. Ct. 285 (2005)

MARIA A. KITRAS, trustee, & others vs. TOWN OF AQUINNAH & others.

Appeals Court of Massachusetts, Suffolk.

August 18, 2005.

Attorney(s) appearing for the Case

H. Theodore Cohen (Leslie-Ann Morse with him) for the plaintiffs.

Jennifer S.D. Roberts for Vineyard Conservation Society, Inc.

Ronald H. Rappaport for town of Aquinnah.

Benjamin L. Hall, Jr., pro se.

Present: Grasso, Brown, & Trainor, JJ.

BROWN, J.

Before us are the owners of certain landlocked lots lying within the town of Aquinnah (town) on Martha's Vineyard. Desirous of developing their lots but having no road frontage or access to utilities, these owners claim easements by necessity crossing their neighbors' lots. One of those neighbors is the United States, which holds a number of town lots in trust for the Wampanoag Tribal Council of Gay Head, Inc. (Tribe), a Federally recognized Native American...

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