Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
73 Mass. App. Ct. 789 *; 901 N.E.2d 1250 **; 2009 Mass. App. LEXIS 298 ***
RICHARD CANNATA & others 1 vs. BERKSHIRE NATURAL RESOURCES COUNCIL, INC., & others. 2
Prior History: [***1] Berkshire. Civil action commenced in the Superior Court Department on June 28, 2002. The case was heard by Daniel A. Ford, J., on motions for summary judgment, and entry of final judgment was ordered by him.
easement, Declaration, plaintiffs', rights, subdivision, invalid, parties, deed, common property, locus, summary judgment, expired, invite, recorded, parcel, summary judgment motion, final judgment, enjoyment, perpetual, purported, nuisance, holders, amended complaint, residential, Covenants, servient, trespass, memorandum of decision, subdivision plan, easement holder
Civil Procedure, Appeals, Appellate Jurisdiction, Final Judgment Rule, Judgments, Entry of Judgments, Multiple Claims & Parties, Interlocutory Orders, State Court Review, Trials, Bench Trials, General Overview, Settlements, Settlement Agreements, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Burdens of Proof, Nonmovant Persuasion & Proof, Genuine Disputes, Legal Entitlement, Materiality of Facts, Supporting Materials, Affidavits, Pleadings, Complaints, Real Property Law, Encumbrances, Adjoining Landowners, Easements, Limited Use Rights, Easements, General Characteristics, Easement Creation, Express Easements, Deeds, Construction & Interpretation, Validity Requirements, Property Descriptions, Reviewability of Lower Court Decisions, Preservation for Review, Governments, Courts, Authority to Adjudicate, Evidence, Allocation, Torts, Nuisance, Elements