Massachusetts Appeals Court August 9, 2001, No. 00-P-994 (Fortier v. Town of Essex)

Gillerman, J.

Elizabeth H. Fortier and her late husband Frank purchased a house lot at 47 Southern Avenue (property) in the town of Essex (town) in 1948. The town constructed a system of street drains in 1953, which included construction of a drainage ditch across the property.