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ZOTOS v. ARMSTRONG

No. 04-P-454.

63 Mass. App. Ct. 654 (2005)

THOMAS ZOTOS & another v. DAVID R. ARMSTRONG, trustee.

Appeals Court of Massachusetts, Suffolk.

June 3, 2005.

Attorney(s) appearing for the Case

Liam C. Floyd for the defendant.

Present: Armstrong, C.J., Brown, & Kafker, JJ.

BROWN, J.

David Armstrong, as trustee of Six Birch Realty Trust (Armstrong), appeals from a judgment of the Land Court (1) declaring that Thomas and Nancy Zotos, owners of 58 Littles Lane,3 Marshfield, hold an easement by implication over the circular driveway situated on an adjacent parcel of land owned by Armstrong, and (2) enjoining Armstrong from interfering with the Zotoses' use of the driveway. We conclude that the judge erred.<...

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