Clauson v. Banks

Connon, Richard F., J.

Pursuant to Rule 56 of the Massachusetts Rules of Civil Procedure, the defendants (Banks) hereby move for entry of summary judgment on the claims and counterclaims asserted in the action before the court. This action had been brought by the plaintiff Harvey G. Clauson, Trustee, claiming rights to a certain driveway on the defendants’ property.

BACKGROUND

On or about Januaiy 27th, 1984, Mr. and Mrs. Banks purchased from Mr. Clauson real estate known as Lot 56 on a plan entitled “Subdivision Plan of Green Pond Realty Trust and H.G.C. Realty Trust in Falmouth, Barnstable…