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Appeals court hears dispute over shoreway easement, remand and MPM Builders doctrine
Summary
Appellants argued the Land Court erred in denying a chance for discovery and factual development under the MPM Builders standard after the appeals court recognized different property rights in a shoreway; appellees urged the appeals court to uphold the Land Court's remand plan for a post-judgment process to determine necessary encroachments.
Joshua Siegel, counsel for appellants Paul and Gail Conway as trustees of the Riftwood Irrevocable Trust, asked the Appeals Court to remand the case to the Land Court for discovery and a factual resolution on whether a shoreway easement could be narrowed or relocated under MPM Builders LLC v. Dwyer.
Siegel said the Land Court's judgment left unresolved factual…
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