Posts tagged "Street"

1148 Davol Street LLC v. Mechanic’s Mill One LLC

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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   13-P-1985                                  Appeals Court   1148 DAVOL STREET LLC.  vs.  MECHANIC’S MILL ONE LLC. No. 13-P-1985. Bristol.     September 4, 2014. – December 12, 2014.   Present:  Cohen, Meade, & Milkey, JJ. Adverse Possession and Prescription.  Municipal Corporations, Adverse possession.  Real Property, Adverse possession.       Civil action commenced in the Superior Court Department on April 8, 2008.   The case was heard by Renée P. Dupuis, J.     Arthur D. Frank, Jr., for the defendant. John M. Sahady for the plaintiff.     MILKEY, J.  At issue in this appeal is the ownership of a strip of land in Fall River.  The defendant was the record owner of the disputed property, which the plaintiff claimed based on adverse possession.  The parties agree that the nature and length of the plaintiff’s use of the land generally was sufficient to establish title by adverse possession.  The only contested issue is one of law:  whether the plaintiff may count the time during which title to the land was held by one of the defendant’s predecessors-in-title, the city of Fall River (city), toward the requisite twenty-year period of continuous adverse use.  Relying on G. L. c. 260, § 31, the defendant argues that the plaintiff’s adverse possession claim did not begin to run until the city transferred the property to a private party.  In a thoughtful decision issued after a trial on stipulated facts, a Superior Court judge rejected this argument as a matter of law.  She ruled that a private record owner of once-public land opposing an adverse possession claim cannot invoke G. L. c. 260, § 31, as a defense.  We agree and therefore affirm. 1.  Background.  By 1975, the city of Fall River had acquired a parcel of land located at 1082 Davol Street in Fall River (Mechanic’s Mill parcel).[1]  The property included “a large building [that] had been used for manufacturing purposes.”    The record does not reveal what actual use the city itself made of the parcel, but the parties stipulated that the city “held” the property “for a public purpose as defined in Chapter 260, Section 31 of the General Laws.”  In 1989, the city sold the Mechanic’s Mill parcel to a private corporation.  Since then, the property has continued in private ownership, and it is now owned by defendant Mechanic’s Mill One LLC (record owner). In 1975, Paul and Albert […]

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Posted by Massachusetts Legal Resources - December 12, 2014 at 11:20 pm

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South End Home of the Week: 99 Waltham Street

Stop by for an open house on August 11 from 12-2 p.m. South End Patch News

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Posted by Massachusetts Legal Resources - August 11, 2013 at 10:39 am

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Police: Man Pulled Knife in Argument on West Newton Street, Had Drugs on Him

The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions.  An argument lead to an altercation involving a knife on Monday.Boston Police responded to a report of a person w South End Patch News

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Posted by Massachusetts Legal Resources - August 8, 2013 at 7:19 pm

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Police: Tremont Street Homicide Under Investigation

Police are currently investigating a fatal shooting in the South End. South End Patch News

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Posted by Massachusetts Legal Resources - August 2, 2013 at 12:22 am

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What Sold in the South End: Tremont Street Condo for $960K

Find out what sold in your neighborhood this week. South End Patch News

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Posted by Massachusetts Legal Resources - July 31, 2013 at 4:37 am

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Police: Chelsea Man Pulled a Knife on Pine Street Inn Worker

The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions.  A Chelsea man was charged with pulling a knife on a Pine Street Inn employee. Boston Police responded to a repor South End Patch News

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Posted by Massachusetts Legal Resources - July 18, 2013 at 7:25 pm

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Week in Review: St. George Street Development Concerns

The following were the top articles on South End Patch from July 8 to July 12, 2013: Graybar Electric Building to Become Apa South End Patch News

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Posted by Massachusetts Legal Resources - July 16, 2013 at 10:05 am

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Police: Alleged Drug Dealer Caught on Albany Street

The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions.  Boston Police charged a Dorchester man with drug dealing near Massachusetts Avenue and Alba South End Patch News

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Posted by Massachusetts Legal Resources - July 15, 2013 at 10:01 pm

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Neighborhood Concerns over Development Changes on St. George Street

What was once the long-vacant Bethel Tabernacle Pentecostal Church on St. George Street – known fondly by some locals as the “Jesus Saves Church” – was torn down in 2011, supposedly to make way for condominiums.  But neighbors were surprised t South End Patch News

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Posted by Massachusetts Legal Resources - July 8, 2013 at 10:31 am

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What Sold in the South End: Worcester Street Condo for $1.05M

Below and featured in the image gallery above are five home sales that were made in the South End area this week.  Check out Patch's Real Estate section for open ho South End Patch News

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Posted by Massachusetts Legal Resources - July 3, 2013 at 12:45 am

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