BOOTHROYD v. BOGARTZ

No. 05-P-1665.

68 Mass. App. Ct. 40 (2007)

JOHN BOOTHROYD v. RICHARD S. BOGARTZ.

Appeals Court of Massachusetts, Suffolk.

January 4, 2007.


Attorney(s) appearing for the Case

Donald R. Pinto, Jr., for the defendant.

John E. Garber for the plaintiff.

Present: Grasso, Brown, & Trainor, JJ.


BROWN, J.

In 2002, the plaintiff, John Boothroyd (John), commenced an action in the Land Court against the defendant, Richard S. Bogartz, seeking a declaration of their respective rights as to an easement claimed by John over land owned by Bogartz in the town of Amherst. See G. L. c. 231A; G. L. c. 185. This controversy centers on the use of trails or paths by John that cross in some measure or another through a heavily wooded four-acre parcel of land (locus) that...

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