Legal Opinion

Western Massachusetts Electric Co. v. Sambo's of Massachusetts, Inc.

Massachusetts Appeals Court

Decided December 21, 1979PublishedCited by 28 opinions

1Opinion of the CourtDreben, J.

The questions before us relate to the right of the holder of an easement for electric transmission lines to enjoin the installation of a parking lot and the laying of underground utilities on the land subject to the easement (servient land) and also the right of such easement holder to enjoin construction of a building within fifty feet of the boundaries of the easement. The trial judge dismissed the complaint of the easement holder. We reverse.

The easement was granted to the plaintiff’s predecessor in 1926 and, as set out in the margin,1 gave the grantee the right to erect and maintain two…

2Cases cited57 opinions

  1. All Stainless, Inc. v. ColbyMassachusetts Supreme Judicial Court · 1974
  2. Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
  3. Labounty v. VickersMassachusetts Supreme Judicial Court · 1967
  4. Carolina Power & Light Co. v. BowmanSupreme Court of North Carolina · 1949
  5. Swensen v. MarinoMassachusetts Supreme Judicial Court · 1940

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3Cited by28 opinions

  1. M.P.M. Builders, LLC v. DwyerMassachusetts Supreme Judicial Court · 2004
  2. Homsi v. CH Babb Co., Inc.Massachusetts Appeals Court · 1980
  3. Myers v. SalinMassachusetts Appeals Court · 1982
  4. Perry v. Planning Board of NantucketMassachusetts Appeals Court · 1983
  5. Connecticut Light & Power Co. v. Holson Co.Supreme Court of Connecticut · 1981

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

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