The Massachusetts Court of Appeals has ruled in favor of a group of our clients regarding beach rights in West Yarmouth, Massachusetts. The appellate ruling in Leahy v. Graveline upholds the victory our firm secured for our clients in the Land Court. Leahy v. Graveline affirms the existence of an implied easement benefitting all backlot owners to use the beach in a seashore subdivision known as Hyannis Park. The Appeals Court relied in large part on advertisements from the 1890s as evidence of the developer’s intent that the backlot owners would have use of the beach. The Appeals Court also validated the testimony our clients presented at trial, that the backlot owners have continuously used the beach and that the waterfront owner did not consistently or effectively expel beach users.
Weiss v. Kevorkian, Leahy v. Brown, Leahy v. Graveline