Post v. McHugh

Rights to a private way in Middleton are at issue in this litigation which began in 1997. That year, Philip and Linda Post (the Posts) and Daniel and Priscilla Payne (the Paynes) (collectively, plaintiffs) sued Thomas McHugh (McHugh) and Marybeth Preytis (Preytis) in the Land Court, seeking declaratory and injunctive relief regarding ownership of Iveson Street, a private way that divides their properties and leads to Mill Street, a public thoroughfare which the plaintiffs’ properties abut. Richard and Virginia Angelo (the Angelos) intervened as defendants in 2006.3 We refer hereinafter to…