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GENTILI v. TOWN OF STURBRIDGE

SJC-12810.

484 Mass. 1010 (2020)

FULVIO JOSEPH GENTILI, trustee, and another v. TOWN OF STURBRIDGE.

Supreme Judicial Court of Massachusetts.

February 24, 2020.

Attorney(s) appearing for the Case

Theresa K. Capobianco , for the plaintiffs.

Thomas P. Lane, Jr. , for the defendant.

Rescript

In 2015, the plaintiffs, Fulvio Joseph Gentili and Gina Madore, trustees of the Renato Gentili Trust, commenced an action in the Land Court against the town of Sturbridge (town) and Sturbridge DHC, LLC (Sturbridge DHC), seeking various declarations concerning the town's and Sturbridge DHC's right to discharge water onto trust property (property).3 After a trial, a judge declared that the town had obtained a prescriptive easement...

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