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KITRAS v. TOWN OF AQUINNAH

SJC-11885.

474 Mass. 132 (2016)

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

Supreme Judicial Court of Massachusetts, Suffolk.

April 19, 2016.

Attorney(s) appearing for the Case

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

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

Ronald H. Rappaport for town of Aquinnah.

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

Leslie Ann Morse for Mark D. Harding & others.

Jennifer H. Flynn , Assistant Attorney General, for the Commonwealth, was present but did not argue.

The following submitted briefs for amici curiae.

Lawrence H. Mirel , of the District of Columbia, for Aquinnah/Gay Head Community Association.

Andrew H. Cohn , Felicia H. Ellsworth , & Claire M. Specht for Real Estate Bar Association for Massachusetts, Inc., & another.

Nicole Friederichs , Lorie Graham , & Jeffrey Pokorak for Wampanoag Tribe of Gay Head (Aquinnah).

Michael Pill, pro se.

Present: GANTS, C.J., SPINA, CORDY, DUFFLY, LENK, & HINES, JJ.

In this case, we are asked to determine whether easements by necessity were created as a result of an 1878 partition of Native American common land in the town of Gay Head (now known as Aquinnah).4 Gay Head is located on the western coast of Martha's Vineyard, connected to the rest of the island by an isthmus...

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