Massachusetts Superior Court September 4, 1998, No. 9601808 (Bayview Improvement Corp. v. Vincent)

Garsh, J.

On behalf of the residents and property owners of Bay View, a private subdivision located in South Dartmouth, Massachusetts, the plaintiffs seek a declaratory judgment that the defendant Town of Dartmouth (the ‘Town”) and its Board of Public Works (the “Board”) are obligated to maintain and repair, at public expense, common water lines running under the private roads of the subdivision