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Simoni v. Green

COMMONWEALTH OF MASSACHUSETTS APPEALS COURT
Apr 5, 2012
11-P-439 (Mass. Apr. 5, 2012)

Opinion

11-P-439

04-05-2012

NEIL E. SIMONI v. MARK P. GREEN & others.


NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

The plaintiff and the defendants all own lots that adjoin Rhododendron Avenue, a thirty-seven foot private way in Medfield. Every party has an easment over the way, which is used to access each party's property. On April 13, 2006, the plaintiff brought a claim for declaratory and injunctive relief alleging that the defendants were trespassing on and misusing certain sections of the way, and included claims for damages under theories of trespass, nuisance, and intentional infliction of emotional distress.

After a bench trial, on June 7, 2010, the motion judge issued a carefully written order in which she found that in certain areas the way had been narrowed through adverse possession by the defendants, and that as a result the easment of the other parties for use of those areas of the way was extinguished. The judge also found that in other areas of the way adverse possession had not been perfected, and as a result ordered the removal of structures and landscaping features that had been erected by some of the defendants on those areas. The plaintiff appeals the portion of the judgment extinguishing any area of the easement. For substantially the reasons stated in the trial judge's order, we affirm the judgment in full.

Judgment affirmed.

By the Court (Kantrowitz, Trainor & Hanlon, JJ.),


Summaries of

Simoni v. Green

COMMONWEALTH OF MASSACHUSETTS APPEALS COURT
Apr 5, 2012
11-P-439 (Mass. Apr. 5, 2012)
Case details for

Simoni v. Green

Case Details

Full title:NEIL E. SIMONI v. MARK P. GREEN & others.

Court:COMMONWEALTH OF MASSACHUSETTS APPEALS COURT

Date published: Apr 5, 2012

Citations

11-P-439 (Mass. Apr. 5, 2012)