THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT
ARGUMENT IS SCHEDULED FOR FALL 2013
AMICUS SUBMISSIONS ARE DUE NO LATER THAN TWO WEEKS BEFORE
THE FIRST DAY OF THE SITTING IN WHICH THE CASE IS SCHEDULED FOR ARGUMENT
Clifford J. Martin v. Simmons Properties, LLC
In this Land Court case involving a vacant lot of registered land, with no frontage on a public way but accessible by rights of way within the subdivision described "as shown" on a specific Land Court plan, the issue presented is whether, in a claim by the easement holder that his full use of the travel easement was obstructed, changes could be made to the location or dimensions of the easement so long as the easement's utility was not lessened, or whether all encroachments on the right of way must be removed. See Restatement (Third) of Property (Servitudes) § 1.2 (2000); M.P.M Builders, LLC v. Dwyer, 442 Mass. 87 (2004).
Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.
|Susan Mellen, Clerk|