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MURPHY v. OLSEN

No. 04-P-431.

63 Mass. App. Ct. 417 (2005)

JAMES F. MURPHY, trustee, & others v. JANET L. OLSEN & others.

Appeals Court of Massachusetts, Suffolk.

May 4, 2005.

Attorney(s) appearing for the Case

J. Gavin Cockfield for James F. Murphy & others.

Diane C. Tillotson for the defendants.

Thomas M. Looney, for Kenneth E. Albertazzi & another, was present but did not argue.

Present: GREENBERG, DREBEN, & DUFFLY, JJ.

DREBEN, J.

This action for declaratory relief was brought by inland landowners seeking to establish beach rights over a portion of Wingaersheek Beach in Gloucester and over a way (Sandy Way) to that beach. They claim these rights are incident to an express reservation of a pedestrian easement "to the beach" in deeds to two of the defendants. The matter was submitted to a judge of the Land Court on a trial stipulation...

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