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KITRAS v. TOWN OF AQUINNAH

No. 12-P-260.

87 Mass. App. Ct. 10 (2015)

MARIA A. KITRAS, trustee, & others v. TOWN OF AQUINNAH & others.

Appeals Court of Massachusetts, Suffolk.

January 14, 2015.

Attorney(s) appearing for the Case

Wendy H. Sibbison for Maria A. Kitras & another.

Leslie-Ann Morse for Mark D. Harding & others.

Diane C. Tillotson for Martha's Vineyard Land Bank & others.

John Donnelly , Assistant Attorney General, for the Commonwealth.

Jennifer S.D. Roberts for Vineyard Conservation Society, Inc.

Present: KANTROWITZ, BERRY, & AGNES, JJ.

From the earliest time, the members of the Wampanoag Tribe of Gay Head (now known as Aquinnah) in Martha's Vineyard (Gay Head Tribe or Tribe) had a custom and practice of common access across the lands that are the subject of this appeal. For the reasons that follow, we conclude that the ancient origins of that common access — dating...

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