Busalacchi v. McCabe

This appeal arises from a dispute between trustees of the Ocean Breeze Condominium (condominium) in North *494Truro and Wayne T. and Carol A. McCabe (McCabes), owners of an adjacent property, concerning a disputed four-foot wide right of way that is claimed to burden the condominium common area. No dispute existed as to the material facts, and at the court’s urging, the parties filed cross motions for summary judgment. Interpreting G. L. c. 183A as intending to exempt the condominium form of ownership from the common-law doctrine of merger, the Land Court judge granted the McCabes’ motion for…