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Appeals court reviews contract language in sewer-easement dispute between Range Way and Billerica Developers
Summary
A property-rights dispute turned on contract interpretation: whether a recorded, integrated easement and attached exhibit limit exercise of a sewer-extension option to the original business ("Curriculum Associates") or whether successors and assigns may enforce the right.
The Appeals Court heard argument over whether Range Way can exercise a recorded sewer-extension option tied to a defined term (“Curriculum Associates business”) and whether the easement and its exhibits were integrated so that successor owners may enforce the right.
Kelly Frey, representing Billerica Developers LLC, argued that section 2 of the easement expressly confines the option to be exercised by…
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