Lynch v. Town of Groton
Massachusetts Appeals Court
1Opinion of the Court
The defendants were granted summary judgment, Mass.R.Civ.P. 56, 365 Mass. 824 (1974), on the plaintiffs complaint seeking to cause the town and its highway supervisor to maintain a certain unpaved wood road as a public way, pursuant to G. L. c. 84, §§ 1 and 7. We affirm the judgment.
1. Although the road’s status as a public way had been asserted in Lynch v. Planning Board of Groton, 4 Mass. App. Ct. 781 (1976), the court *1009found it unnecessary to reach and to adjudicate that issue: “We need not consider the board’s contention that the plan ... in fact showed a ‘subdivision’ ... as the board’s…
2Cases cited7 opinions
- Morganelli v. Building Inspector of CantonMassachusetts Appeals Court · 1979
- M. DeMatteo Construction Co. v. Board of AppealsMassachusetts Appeals Court · 1975
- Fenn v. Town of MiddleboroughMassachusetts Appeals Court · 1979
- Newburyport Redevelopment Authority v. CommonwealthMassachusetts Appeals Court · 1980
- Town of Boxborough v. Joatham Spring Realty TrustMassachusetts Supreme Judicial Court · 1969
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3Cited by2 opinions
- Sturdy v. Planning BoardMassachusetts Appeals Court · 1992
- R & S Partnership v. Martin Schaffel Enterprises, Inc.District Court of Appeal of Florida · 1988