Results 1 to 3 of 3
  1. #1
    Join Date
    Oct 2008
    Posts
    5

    Default Abandonment of Maintenance of Public Way in Massachusetts

    We own a large parcel of land on a road which has been just recently confirmed to be public in a court of law. Town said it was not, we said it was, went to court....we won. Documentation from 1790 that it is public. Town is now appealing courts decision. In the middle of this appeal process the town has notified us of a public hearing to "abandon the maintenance of peck rd as a public way". Question is two fold. Their are four landowners on this road with us included. Total four. Three are against this abandonment, one for it.
    1) how can we stop this public hearing/process of abandonment.
    2) Can they do this in the middle of the legal appeals process.

    The biggest issue of this is the ANR endorsement process. Each of the other landowners have ANR endorsement......we applied and were denied. One of the other owners is a Planning Board member in the town. He has ANR endorsment and is the biggest opposer of our ANR endorsment.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,995

    Default Re: Abandonment of Maintenance of Public Way in Massachusetts

    If they're following a legal process to abandon a public road, they can do that. (Do you think that just because a court found that a road was a public road, it can never be abandoned?)

    This is way beyond what we can talk you through in this forum. Talk to the lawyer who was helping you with your lawsuit about how you can respond to the abandonment proceedings.

  3. #3
    Join Date
    Oct 2008
    Posts
    5

    Default Re: Abandonment of Maintenance of Public Way in Massachusetts

    I was not under the impression that it could never be abandoned....just that they were trying to do this while they were appealing the original decision.
    Also I was simply asking if an injunction was one of my options to stop this from happening and what my chances were seeing that only one of the landowners was for the abandonment...espcecially since he's a crooked town official.
    As for my attorney on the case....not sure who's side he's on anymore. Looking into new counsel.
    thank you for your response.

    1. Sponsored Links
       

Similar Threads

  1. Property Maintenance Between My Fence and Public Road
    By rlschaaf in forum Boundary Disputes and Nuisance
    Replies: 4
    Last Post: 07-31-2011, 04:44 PM
  2. Public Intoxication: Public Intox Charge in Texas but Not in Public
    By dawg612 in forum Criminal Charges
    Replies: 3
    Last Post: 08-26-2009, 01:18 PM
  3. Public Intoxication: Drinking in Public (of Age) in Massachusetts
    By my7k in forum Criminal Charges
    Replies: 2
    Last Post: 07-01-2009, 03:28 AM
  4. Right Of Way Maintenance
    By LBoudreau in forum Easement and Right of Way Law
    Replies: 9
    Last Post: 05-23-2008, 05:36 AM
  5. Right of Way Abandonment, Relocation and Maintenance
    By rowguy123 in forum Land Use Regulation
    Replies: 1
    Last Post: 02-03-2008, 07:14 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Easement Forms
Instantly download professional easement forms for all states.




Untitled Document