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WHITE v. HARTIGAN

No. SJC-11072.

464 Mass. 400 (2013)

ALBERT WHITE & others v. ANNE M. HARTIGAN, Second, trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 8, 2013.

Attorney(s) appearing for the Case

Mark C. Fleming ( Richard A. Johnston , Felicia A. Ellsworth , Leon J. Lombardi , & Lawrence P. Heffernan with him) for Andrew H. Cohn & others.

Brian M. Hurley ( Randelle C. Stephenson with him) for Jeffrey Flynn & others.

Peter L. Puciloski ( David L. Delaney & James B. McLindon with him) for Andrew Kohlberg & another.

Roger D. Matthews for Albert White & others was present but did not argue.

Present: IRELAND, C.J., SPINA, BOTSFORD, DUFFLY, & LENK, JJ.

LENK, J.

This case involves a dispute over property rights in a 1.7 mile beach parcel on the south shore of Martha's Vineyard in Edgartown. Historically, two families — the Nortons (plaintiffs) and the Flynns (defendants)4 — have owned the property upland from the beach. For much of the past century, the two families enjoyed a friendly relationship and both families used the beach...

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