Smaland Beach Association, Inc. v. Genova

*817 *107 At issue are the rights of the plaintiff, Smaland Beach Association, Inc. (SBA), to use a portion of a sandy beach area abutting real property (Lot 18) owned by the defendants, Arthur and Patricia Genova. Lot 18 is located in a neighborhood called Smaland, adjacent to Island Pond in Plymouth. The Genovas' immediate neighbor to the east is SBA, which owns a largely unimproved lot (Lot 19). Both parcels abut the sandy beach, which has been used for recreation by Smaland homeowners and their guests for decades.

For more than a dozen years, the Genovas and SBA have been warring over ownership of…