COMMONWEALTH ELECTRIC COMPANY v. MacCARDELL


450 Mass. 48 (2007)

COMMONWEALTH ELECTRIC COMPANY v. LESLIE H. MacCARDELL.

Supreme Judicial Court of Massachusetts, Suffolk.

November 9, 2007.


Attorney(s) appearing for the Case

Richard M. Serkey (Neven Rabadjija with him) for the plaintiff.

Kirk Y. Griffin for the defendant.

Henry H. Thayer, for Real Estate Bar Association for Massachusetts & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


IRELAND, J.

On September 23, 2002, the plaintiff, Commonwealth Electric Company, filed a petition in the Land Court seeking an amendment to the defendant's certificate of title on one parcel of land owned by the defendant that would note its alleged utility easement. On January 21, 2005, the Land Court entered judgment in favor of the defendant and dismissed the plaintiff's petition. The plaintiff appealed. The Appeals Court affirmed the Land Court's judgment.

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