KANE v. VANZURA

No. 09-P-1185.

78 Mass. App. Ct. 749 (2011)

JAMES KANE & others v. CEDRIC J. VANZURA & others.

Appeals Court of Massachusetts, Suffolk.

February 16, 2011.


Attorney(s) appearing for the Case

James S. Timmins for the plaintiffs.

Joseph E. Kelleher, III , for Michael Donahue & Mary Donahue.

Bruce A. Issadore for Cedric J. Vanzura & Elizabeth Vanzura.

Kathryn Creedon Sullivan for George Schwartz & Martha Schwartz.

Present: GRASSO, GREEN, & VUONO, JJ.


GREEN, J.

At issue are the plaintiffs' claims of rights to use a beach in Hingham Harbor, situated behind the defendants' homes. In a thorough and detailed memorandum of decision, a judge of the Land Court concluded that the claim of deeded rights by certain of the plaintiffs was invalid, but that some of those plaintiffs, as well as others who asserted no claim of deeded rights, nonetheless had acquired prescriptive rights to the beach, together with rights to pass...

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