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Posts tagged "tort"

INTRODUCTION TO TRESPASS AND TRESPASS DAMAGES

A landowner is typically entitled to the exclusive possession and enjoyment of his/her land. But vigilance is required to protect those rights, especially where there are unauthorized encroachments by neighboring land owners, which can constitute a trespass.

Private Nuisance Suits Against Municipalities: Limits on Damages and Open Issues in the Wake of Morrissey v. New England Deaconess Ass'n

It has been just over one year since the Massachusetts SJC rendered its decision in Morrissey v. New England Deaconess Ass'n-Abundant Life Communities, Inc., 458 Mass. 580 (2010). Although still relatively an unknown case, it has significant ramifications for private landowners seeking damages against municipalities for acts that constitute a nuisance.