Town of Dennis v. Lighthouse Inn, Inc.
Court: Massachusetts Appeals Court; January 11, 1979; Massachusetts; State Appellate Court
An action was initiated under G. L. c. 185, § 112, to register the town's adverse claim to a portion of land titled under Land Court certificate No. 35195, issued to the defendant corporation. With the defendant's consent, the town sought to amend the statutory reference to § 115, but the judge treated it as a typographical error, proceeding under G. L. c. 185, § 114. The defendant appealed a decision that granted the town the relief it sought. The defendant acknowledged in its answer that the deed conveyed more land than authorized by the town meeting, which is governed by the principle that parties must ensure municipal officers act within their authority (Sancta Maria Hosp. v. Cambridge, 369 Mass. 586, 595 (1976)). A town vote on March 6, 1963, under article 44, only authorized the conveyance of a "portion" of the parcel. The judge determined, and it was agreed, that the deed included a copy of the article, putting the grantee on notice that it received more land than permitted. Thus, the admission of extrinsic evidence to clarify the vote’s meaning was deemed appropriate (Sancta Maria Hosp. v. Cambridge, 593-594). The review of evidence, including transcripts and exhibits, supported the judge's conclusions. Although other issues on appeal were not addressed due to the determination in part 1, the judge's handling of these matters was affirmed as correct. The decision was ultimately upheld.