Lummis v. Lilly

The defendants filed a motion to dismiss or for summary judgment in answer to a complaint in three counts alleging nuisance, unreasonable use, and unjust enrichment, resulting from the defendants’ installation and maintenance of a stone groin on their Cape Cod waterfront prop erty, which almost adjoins the plaintiff’s littoral property. Treating it as a motion for summary judgment, the trial judge ordered judgment for the defendants. Mass. R. Civ. P. 56 (c), 365 Mass. 824 (1974). We granted the plaintiff’s application for direct appellate review pursuant to G. L. c. 211A, § 10, and Mass. R.…