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Wildwood Estates of Braintree, Inc. v. Smith
Citations: 3 Mass. App. Ct. 705; 322 N.E.2d 781
Court: Massachusetts Appeals Court; February 3, 1975; Massachusetts; State Appellate Court
The judge's finding regarding the respondents' claims for "prescriptive rights" was upheld, as neither exception raised by the respondents was deemed sufficient to challenge its validity. The respondents failed to demonstrate uninterrupted use of the pond for over twenty years, which is a requirement under G. L. c. 187.2. Additionally, the issue of "dedication of rights to the general public" was not addressed in the pleadings. Therefore, the exceptions are overruled.