Legal Opinion

Houghton v. Johnson

Massachusetts Appeals Court

Decided May 30, 2008No. 06-P-1400PublishedCited by 12 opinions

1Opinion of the CourtPerretta, J.

This appeal arises out of the efforts of the defendant, Linda Jean Johnson, to prohibit the plaintiffs from using, for customary beach activities, the seaward portion of her property situated on Cape Cod Bay in Eastham under claims of implied and prescribed easements. In a detailed and comprehensive decision on cross motions for summary judgment, a Land Court judge concluded that Johnson’s property extended seaward of her home to the mean low water elevation and that none of the plaintiffs has any right to use any portion of that land other than “to fish, fowl, or navigate between . . . the…

2Cases cited20 opinions

  1. Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
  2. Labounty v. VickersMassachusetts Supreme Judicial Court · 1967
  3. Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
  4. Sheftel v. LebelMassachusetts Appeals Court · 1998
  5. Kershaw v. ZecchiniMassachusetts Supreme Judicial Court · 1961

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3Cited by12 opinions

  1. Clickner v. Magothy River Ass'nCourt of Appeals of Maryland · 2012
  2. Arno v. CommonwealthMassachusetts Supreme Judicial Court · 2010
  3. Spillane v. AdamsMassachusetts Appeals Court · 2010
  4. Smaland Beach Association, Inc. v. GenovaMassachusetts Appeals Court · 2018
  5. Kane v. VanzuraMassachusetts Appeals Court · 2011

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

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