Posts tagged "Fish"

Melrose Fish and Game Club, Inc. v. Tennessee Gas Pipeline Company, LLC (Lawyers Weekly No. 11-073-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;   14-P-1762                                       Appeals Court   MELROSE FISH AND GAME CLUB, INC.  vs.  TENNESSEE GAS PIPELINE COMPANY, LLC. No. 14-P-1762. Middlesex.     November 17, 2015. – June 20, 2016.   Present:  Cypher, Trainor, & Rubin, JJ. Easement.  Real Property, Easement.  Estoppel.  Subdivision Control, Decision of planning board.  Practice, Civil, Injunctive relief.  Laches.       Civil action commenced in the Superior Court Department on April 23, 2013.   The case was heard by Kimberly S. Budd, J., on motions for summary judgment.     Brian J. McNelis for the plaintiff. Dianne R. Phillips (Nathaniel F. Hulme with her) for the defendant.     RUBIN, J.  The plaintiff, Melrose Fish and Game Club, Inc. (club), sued Tennessee Gas Pipeline Company, LLC (TGP) in Superior Court for trespass because of TGP’s alleged interference with an easement[1] and breach of contract.  The suit arises from TGP’s construction, in 1998, of a natural gas pipeline facility across the entire width of Cheever Avenue in Saugus, a paper street over which the club claims an easement. On cross motions for summary judgment, the Superior Court judge allowed TGP’s motion and denied the club’s.  The judge ruled, first, that the breach of contract claim was barred by the six-year statute of limitations in G. L. c. 260, § 2; second, that the club’s easement over Cheever Avenue had been extinguished before it filed suit, either by estoppel or by frustration of purpose; and, third, that even if the easement still existed, the club’s request for injunctive relief would be barred by laches.  The club appeals the second and third rulings.  We reverse.      Background.  The club owns three lots of land in Saugus near the Melrose border.  TGP owns a lot that shares a border with one of the club’s lots.  The land making up these four lots, along with much of the surrounding land in Saugus, was once owned by Wilbur F. Newhall.  In 1910, a plan subdividing Newhall’s land into dozens of different lots was recorded at the registry of deeds (1910 plan).  The 1910 plan shows Cheever Avenue bounding lots 76-80, amongst others, on their northeast sides.  Up until around 1999, Cheever Avenue was entirely a paper street.[2] In 1963, the club acquired lots 78-80 from Saugus (club lots), which had acquired the lots by tax takings between 1930 and 1951.  The original deeds for those lots, as […]


Posted by Massachusetts Legal Resources - June 20, 2016 at 8:52 pm

Categories: News   Tags: , , , , , , , , , ,

Things to Know in the South End today, Jan. 31: Fish Share Starting Next Week

1. Weather: The National Weather Service is predicting a cloudy day with a high of 43 degrees a possible thunderstorm in the morning. Winds will be strong, at 22-28 mph, and could reach gusts of 50 mph. Chance of precipitation is 90 percent.  2. Fish share in the South End: Cape Cod Fish Share is starting Feb. 2 with pick-up locations at Sienna Farm Market (Mondays from 4 -7 p.m.) and Snap Top Market (Tuesdays from 4 – 7 p.m.) You can can anticipate the local favorites cod, monk, scallops, skate, grey sole, lobster, plus swordfish and tuna from the Atlantic long line fleet in the coming shares. See their site to sign up.  3. Art for Toddlers: The Children’s Art Centre, (36 Rutland St.) is offering a 50-minute art class for children ages 1.5 to 5 and their parents today and at 3 p.m. for the next six weeks. Participants will explore a variety of visual arts projects and materials to create a take-home portfolio. Projects are suitable for a variety of ages. See here for more information.  4. New Mom Support Group: Join in with other neighborhood new moms for a tea and coffee hour today at 10 a.m. in the Worcester Square area. Hosted at the home of Maria Dolorico of A Mom Is Born, who recommends you arrive just how you are, whether that’s with spit-up in your hair or a fussy baby. The group is for moms with babies that are less than 12 weeks old. See here for more information.  5. Tree Controversy: This week, three large pear trees were removed from the corner of Tremont and W. Brookline Street with no warning, leaving residents guessing and second-guessing their removal. One resident wrote in to share his concerns, and others began a discussion about the issue. Patch reached out to the Parks Dept. and got an answer — the trees were deemed a “public safety hazard.” Read more here.  Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement.  Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter.  Share your thoughts on your community in a blog. Click here to get started. South End Patch


Posted by Massachusetts Legal Resources - February 14, 2012 at 9:56 am

Categories: Arrests   Tags: , , , , , , , , ,