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CANNATA v. BERKSHIRE NATURAL RESOURCES COUNCIL, INC.

No. 07-P-992.

73 Mass. App. Ct. 789 (2009)

RICHARD CANNATA & others v. BERKSHIRE NATURAL RESOURCES COUNCIL, INC., & others.

Appeals Court of Massachusetts, Berkshire.

March 9, 2009.

Attorney(s) appearing for the Case

Peter J. Brewer for the plaintiffs.

David E. Valicenti for Berkshire Natural Resources Council, Inc.

Karen M. Thursby for Reed Rubin & others.

Present: DUFFLY, KATZMANN, & VUONO, JJ.

DUFFLY, J.

The owners of eight developed lots in a subdivision in the town of Alford brought this action against Berkshire Natural Resources Council, Inc. (Berkshire), a charitable corporation dedicated to the preservation of outdoor space. Berkshire owns a large undeveloped parcel consisting of about 800 acres (locus) abutting the subdivision, access to which is over the ways of the subdivision. The plaintiffs and Berkshire have easements over the ways; the defendant...

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