Athanasiou, et al. v. Board of Selectmen of Westhampton, et al. (Lawyers Weekly No. 11-107-17)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 15-P-894 Appeals Court GEORGE ATHANASIOU & another1 vs. BOARD OF SELECTMEN OF WESTHAMPTON & another.2 No. 15-P-894. Suffolk. January 12, 2017. – August 22, 2017. Present: Vuono, Milkey, & Henry, JJ. Adverse Possession and Prescription. Easement. Municipal Corporations, Adverse possession. Way. Real Property, Easement, Adverse possession. Practice, Civil, Summary judgment. Civil action commenced in the Land Court Department on May 20, 2013. The case was heard by Alexander H. Sands, III, J., on motions for summary judgment. Harry L. Miles (Michael Pill also present) for the plaintiffs. Janelle M. Austin for the defendants. 1 Louanne Athanasiou. 2 Town of Westhampton. 2 VUONO, J. The issue in this case is whether the town of Westhampton (town) has acquired an easement by prescription over a triangular parcel of land (triangle) and an abutting roadway (way), together the “disputed area,” owned by the plaintiffs, Louanne and George Athanasiou. On cross motions for summary judgment,3 a Land Court judge determined that the public’s use of the way for a continuous period in excess of twenty years, coupled with the town’s maintenance of the disputed area to provide for such public use, was sufficient to establish a prescriptive easement over the disputed area for the benefit of the town and its inhabitants. The plaintiffs appeal. Background. The following facts are not in dispute. The way is an unnamed, paved roadway that connects North Road and Southampton Road in the rural town. The roads merge at an intersection located at the tip of the triangle, and the way provides a convenient connection between the two roads (known in 3 The plaintiffs commenced this action by filing a complaint in the Land Court seeking, among other things, a declaration that they are the rightful fee title owners of the disputed area. The defendants counterclaimed, asserting that the town had acquired a prescriptive easement over the disputed area. The defendants subsequently filed a motion for summary judgment after which the plaintiffs cross-moved for summary judgment on the defendants’ counterclaim. Ultimately, summary judgment entered in favor of the plaintiffs on their claim of ownership and in favor of the defendants on their counterclaim. The defendants have not cross-appealed; therefore, the issue of ownership is not before us. 3 common parlance as a “cut-through”). The way is wide enough to accommodate traffic in both directions and has been used by the public […]

Read more...