Tort – Trespass
Where a plaintiff has charged a town with trespass, I hold that the plaintiff is entitled to summary judgment on that claim for the period from June 12, 2001 to July 19, 2007.
View ArticleTort – Trespass – Directed verdict
Where, after the defendants’ opening statement, a judge directed a verdict for the plaintiffs on claims of trespass and emotional distress, this was improper, as the allegations in the defendants’...
View ArticleReal property – Stormwater runoff – Trespass
Where a plaintiff has alleged that the commonwealth of Massachusetts and the city of Worcester have been unlawfully discharging stormwater runoff onto his property, a motion by the commonwealth for...
View ArticleReal property – Boundary – Trespass
Where the plaintiffs and defendants disagree over the common boundary between their parcels, the location of the boundary is the one advocated by the plaintiffs.
View ArticleReal property – Trespass – Nuisance – Emotional distress
Where a jury returned a verdict holding the defendant landowners liable to the plaintiff neighbors for trespass to chattels, nuisance and intentional infliction of emotional distress, the evidence was...
View ArticleMunicipal – Trespass – Fill
Where a jury returned a verdict in favor of a defendant on a trespass claim asserted against the defendant city, an order allowing the city’s motion for judgment notwithstanding the verdict must be...
View ArticleReal property – Adverse possession – Trespass
Where a Land Court judge found the plaintiffs to own a disputed parcel of land by adverse possession, but declined to hold the defendant title owners liable for trespass, the trespass judgment must be...
View ArticleReal property – Trespass – Trees
Where defendants destroyed a retaining wall and cleared trees from land that the plaintiffs claimed title to by adverse possession, the plaintiffs should be awarded damages in the total amount of...
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