Legal Opinion

Emmons v. White

Massachusetts Appeals Court

Decided May 9, 2003No. 00-P-1511PublishedCited by 16 opinions

1Opinion of the CourtLenk, J.

The main point of contention in this case is the claim by the defendants Mark and Elizabeth White that they hold an appurtenant easement to use a certain road located on the property adjacent to theirs that is owned by the plaintiffs (trustees). Both parcels are located on Chappaquiddick Island in Edgartown. The trustees’ parcel is registered land while the Whites’ parcel is not, although at all relevant times there has been pending in the Land Court a registration case concerning the parcel that the Whites now own.

The trustees brought this case seeking declaratory judgment in 1997, shortly…

2Cases cited20 opinions

  1. Vincent v. PleckerMassachusetts Supreme Judicial Court · 1946
  2. Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
  3. McCarthy v. LaneMassachusetts Supreme Judicial Court · 1938
  4. White v. FosterMassachusetts Supreme Judicial Court · 1869
  5. Killam v. MarchMassachusetts Supreme Judicial Court · 1944

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3Cited by16 opinions

  1. In Re Michael J. Colarusso Mary Colarusso, Debtors, Robert Canzano, Trustee of the J & B Realty Trust Joan Canzano, Trustee of the J & B Realty Trust v. Mary M. RagosaCourt of Appeals for the First Circuit · 2004
  2. Moran v. GalaMassachusetts Appeals Court · 2006
  3. Collins v. Duda (In Re Duda)United States Bankruptcy Court, D. Massachusetts · 2010
  4. Commonwealth Electric Co. v. MacCardellMassachusetts Supreme Judicial Court · 2007
  5. A & W Maintenance, Inc. v. First Mercury InsuranceDistrict Court, D. Massachusetts · 2015

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