ROBERT D. FRATUS, JR. v. TOWN OF HARWICH (App.Ct.)

KeywordsSubdivision Control, Access ways. Way, Public: subdivision control. Statute, Construction. Mandamus. Practice, Civil, Summary judgment, Action in nature of mandamus, Standing.

Synopsis:  “At issue is whether the plaintiff, Robert Fratus, Jr., has a private right of action to require the town of Harwich and its board of selectmen (collectively, town) to widen and pave two roads abutting his property and upon which he travels.  Although Fratus acknowledges that there are no specific defects in the two roads, and that he has not been injured by traveling on them, he nonetheless contends that he has a private right of action as an abutter and traveler to compel the town to maintain the roads “so that they may be reasonably safe and convenient for travelers.”  G. L. c. 84, § 1.  Ruling on cross motions for summary judgment, a Superior Court judge disagreed, and dismissed Fratus’s complaint for declaratory judgment and mandamus relief.  We affirm.”

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