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Appeals court reviews arbitration award in Griffin–Mears easement dispute

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Summary

The Appeals Court considered whether an arbitrator exceeded his authority and whether evident partiality required vacating an arbitration award resolving an easement dispute between Dana Griffin and Eric Mears.

The Massachusetts Appeals Court heard oral argument in 2024P96, Dana R. Griffin et al. v. Eric L. Mears, addressing whether a private arbitrator exceeded his authority and whether the arbitration award should be vacated for evident partiality. The dispute concerns the location, dimensions and uses of a recorded easement and an amendment of easement that the parties negotiated and recorded.

M. Erwin Walters, arguing for Eric Mears, asked the court to vacate the arbitral award on multiple grounds, contending the arbitrator improperly ignored the plain language of the amendment that allows Mears (owner of Lot B in the papers) certain uses “subject to the following” conditions and therefore conferred obligations…

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