Legal Opinion

Rana v. El Nesr

Massachusetts Appeals Court

Decided August 22, 2018No. 17-P-810Published

1Opinion of the Court

The defendant appeals from a Superior Court judgment entered on October 7, 2016, allowing the plaintiffs' requests for a declaratory judgment, a permanent injunction, and damages stemming from the removal and destruction of a tree located in a joint landscape bed between the parties' respective properties. The defendant also appeals from a contempt judgment entered on August 11, 2015. For the reasons set forth below, we affirm.

Background. The judge found the following facts, which are supplemented with undisputed facts from the record.3 The plaintiffs are the owners of developed property (lot…

2Cases cited7 opinions

  1. Labounty v. VickersMassachusetts Supreme Judicial Court · 1967
  2. White v. HartiganMassachusetts Supreme Judicial Court · 2013
  3. Lightlab Imaging, Inc. v. Axsun Technologies, Inc.Massachusetts Supreme Judicial Court · 2014
  4. Jones v. MannsMassachusetts Appeals Court · 1992
  5. Hamouda v. HarrisMassachusetts Appeals Court · 2006

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