Erickson v. Clancy Realty Trust

Grainger J.

Plaintiff Robert J. Erickson appeals from a declaratory judgment in Superior Court finding that Old County Road (road) in Eastham was discontinued by a 1903 Superior Court decree pursuant to “An Act to promote the abolition of grade crossings,” St. 1890, c. 428, as amended, St. 1891, c. 123 (act). The defendants are abutters or nearby landowners in Eastham. On appeal, the plaintiff argues that the road was not discontinued by the 1903 Superior Court decree and that it still operates as a public way.

1. Background. The facts are uncontested. The plaintiff’s property is a parcel…