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POST v. McHUGH

No. 08-P-1086.

76 Mass. App. Ct. 200 (2010)

PHILLIP POST & others v. THOMAS E. McHUGH & others.

Appeals Court of Massachusetts, Suffolk.

January 29, 2010.

Attorney(s) appearing for the Case

Thomas E. Beatrice for the plaintiffs.

Edmund A. Allcock (Philip J. Riley with him) for the defendants.

Present: DUFFLY, BROWN, & McHUGH, JJ.

McHUGH, J.

Rights to a private way in Middleton are at issue in this litigation which began in 1997. That year, Philip and Linda Post (the Posts) and Daniel and Priscilla Payne (the Paynes) (collectively, plaintiffs) sued Thomas McHugh (McHugh) and Marybeth Preytis (Preytis) in the Land Court, seeking declaratory and injunctive relief regarding ownership of Iveson Street, a private way that divides their properties...

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