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ADAMS v. PLANNING BOARD OF WESTWOOD

No. 03-P-1072.

64 Mass. App. Ct. 383 (2005)

DANIEL T. ADAMS & others v. PLANNING BOARD OF WESTWOOD & others.

Appeals Court of Massachusetts, Suffolk.

August 31, 2005.

Attorney(s) appearing for the Case

William M. O'Brien for Frank Gobbi, Jr.

Stephen Gordet for the plaintiffs.

Present: Greenberg, Porada, & Gelinas, JJ.

GELINAS, J.

Based on his conclusion that the defendant Frank Gobbi, Jr., has no access rights serving the land for which he obtained subdivision approval from the defendant planning board of Westwood (board), a Land Court judge annulled the board's approval. We conclude that Gobbi owns the fee in portions of the roadway at the center of the parties' dispute (disputed way) and that he holds an easement benefiting...

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