Home ANASTASIA MARTY, Trustee of 249 Long Beach Road Realty Trust v. TOWN OF BARNSTABLE.

MISC 07-364833

August 8, 2013

Barnstable, ss.

Grossman, J.


This cause came to be tried and a decision of even date entered.

In accordance therewith, it is hereby

ORDERED, ADJUDGED and DECLARED that the defendant Town of Barnstable has failed to prove that the portion of Cross Street, as more fully described infra, was properly laid out as a public way pursuant to Chapter 48 of the Revised Laws of 1902.

It is further

ORDERED, ADJUDGED and DECLARED that the plaintiff holds record title to Parcel A and the portion of Cross Street adjacent thereto, as shown on “Plan of Land-Centerville-Barnstable, Mass. As Surveyed For George J. & Ruth H. Shuman Scale 1 inch = 20 feet May 1952 Whitney & Bassett-Architects & Engineers Hyannis, Mass.”, [Note 1] free of any claim by the defendant. The said Plan was recorded with the Barnstable County Registry of Deeds on September 16, 1953 in Plan Book 111, Page 139.


[Note 1] Trial Exhibit 5.