Mello v. Town of Dighton

Moriarty, Cornelius J., J.

INTRODUCTION

The plaintiffs, James Mello and Catherine Clancy, brought a two-count complaint against the Town of Dighton (Town) seeking to quiet title (Count I), and for declaratory relief (Count II). They challenge the Town’s approval of a former railroad right-of-way for use as a walking trail.

Trial was had before the undersigned, sitting without jury, on March 28, 2013. Based on the credible evidence and the reasonable inferences drawn therefrom, the court makes the following findings of fact and rulings of law.

FINDINGS OF FACT

James Mello and Catherine Clancy,…