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Appeals Court Hears Challenge to Trial Judge’s Elmwood Avenue Width and Stone Wall Order
Summary
A three-judge panel reviewed arguments challenging a trial judge’s determination of Elmwood Avenue’s location and the order to move a stone wall, with debate focused on historic Highland plans, survey scaling and the practical width the judge adopted.
An Appeals Court panel of Judge John Englander, Judge Hodges and Judge Smith heard Jan. 13 argument in Egan v. Seidman, a boundary dispute arising in the Highlands section of Oak Bluffs about the location and width of Elmwood Avenue and a stone wall built near the traveled way.
Defendants’ counsel Thomas Orr told the panel the case is “unique” and urged that the plaintiff failed to meet the burden of proof to establish the scope of the easement and the road width. Orr argued the Highlands plans dating to the 1800s are imprecise, that competing plan overlays (including the Land Court plan and the Gilstad overlay) conflict, and that…
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