107 Manor Avenue LLC v. Fontanella

The plaintiff, Robert W. Carlson,2 brought this action seeking to eliminate rights in a paper street which crosses through the middle of his property in the town of Wellesley. Carlson’s neighbors, Mark D. and Joan M. Fontanella (the Fon-tanellas), opposed him. The street, shown on a 1940 subdivision *156plan as Tyler Road, has never been constructed, accepted as a public way, or used as a private way, in Wellesley. The Fontanel-las themselves use a portion of the way that passes over their property as an extension of their side lawn, A judge of the Land Court denied Carlson’s motion for summary…