Triangle Center, Inc. v. Department of Public Works

Triangle Center, Inc. (Triangle), appeals from the Land Court judgment denying its prayer to enjoin the Department of Public Works (DPW) from discharging water from a State highway onto Triangle’s land. The DPW cross appeals, asserting that the Land Court erred in ruling that the DPW’s claimed drainage easement was extinguished by G. L. c. 185, § 45. Because we conclude that the DPW never had a drainage easement, we do not consider whether such an easement was extinguished. We reverse the judgment and remand the case for further proceedings consistent with this opinion.

We take the following…