Legal Opinion

VINCE KUBIC & another v. DAVID AUDETTE.

Massachusetts Appeals Court

Decided January 23, 2023PublishedCited by 2 opinions

1Opinion of the Court

KUBIC vs. AUDETTE, 102 Mass. App. Ct. 228

VINCE KUBIC & another [Note 1] vs. DAVID AUDETTE.

102 Mass. App. Ct. 228

November 14, 2022 - January 23, 2023

Court Below: Land Court

Present: Sullivan, Massing, & Hershfang, JJ.

No. 21-P-1058.

Easement. Real Property, Easement, Littoral property, Boundary, Ownership. Way, Private. License. Waiver. Practice, Civil, Standing, Waiver.

There was no merit to the claim that the plaintiffs, as owners of properties that were the subject of a disputed right of way to access a great pond, lacked standing to assert that the defendant's use of the right of way…

2Cases cited13 opinions

  1. Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
  2. Swensen v. MarinoMassachusetts Supreme Judicial Court · 1940
  3. McLaughlin v. Board of SelectmenMassachusetts Supreme Judicial Court · 1996
  4. Palmer v. MurphyMassachusetts Appeals Court · 1997
  5. Hodgkins v. BianchiniMassachusetts Supreme Judicial Court · 1948

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Conway v. CaraglianoMassachusetts Appeals Court · 2023
  2. Hull v. FerreraMassachusetts Appeals Court · 2026

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