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M.P.M. Builders, LLC v. Dwyer

809 N.E.2d 1053 (2004)

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M.P.M. Builders, LLC v. Dwyer

Massachusetts Supreme Judicial Court

809 N.E.2d 1053 (2004)

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Facts

M.P.M. Builders LLC (plaintiff) (M.P.M.) owned a parcel of land adjacent to land owned by Dwyer (defendant). Dwyer was also the owner of a right of way through M.P.M’s land. The deed described the location of the easement and has no language regarding its relocation. In 2002, M.P.M. was given approval to subdivide and develop its parcel into seven house lots. However, Dwyer’s right of way cut across three of the planned lots, preventing construction thereon. M.P.M. offered to construct, at its own expense, easements to replace what would be lost from the development. Dwyer refused these plans and insisted on keeping the right of way unaltered. The trial court granted summary judgment for Dwyer. M.P.M. appealed.

Rule of Law

Issue

Holding and Reasoning (Cowin, J.)

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