<p>Pie in the Sky has a legal right to to cross a tiny adjacent property owned by the Martha's Vineyard Savings Bank, a civil jury found.</p>
Eric Gura’s bakery and coffee shop in Woods Hole, a favorite haunt for Islanders on their way to and from the mainland, is named Pie in the Sky. But a superior court jury found last week that his claim to use a tiny adjacent property he doesn’t own is rooted in solid legal reality.
The years-long civil dispute between the coffee shop owner and the Martha’s Vineyard Savings Bank was resolved in the Edgartown courthouse last Thursday when the jury found that Pie in the Sky had established the right to use a small strip of land it does not own between the shop and the savings bank branch.
The dispute dates to 2009 when the Island-based bank bought the branch office at 2 Water Street in Woods Hole, formerly owned by the Bank of America and next to Pie in the Sky.
A disagreement soon cropped up between Pie in the Sky and its new neighbor over whether the bakery could continue to cross a tiny sliver (.05 acres) of bank-owned property to receive deliveries and take out trash.
In court, the legal issue was whether the bakery had established what is known as prescriptive easement through continuous use of the land for more than 20 years. Under Massachusetts law, prescriptive easement can be established when use of the land is “non-permissive, actual, open, and notorious,” explained the Hon. Cornelius J. Moriarty, who is presiding over the spring sitting of Dukes County Superior Court.
The trial began Wednesday after it took some time to seat a jury; some prospective jurors were excused for having a business relationship with the savings bank, the largest bank on the Island.
“For 30 years, the owner of this neighborhood baker has crossed over the bank’s property,” Michael Ford, an attorney from East Boston representing Pie in the Sky, told the jury in opening statements. “There’s a new bank in town, and they want to end this.”
But Michael Goldsmith, an Edgartown attorney representing the savings bank, said the bank was willing to continue allowing access over its property and simply wanted to clarify the legal issue and protect its investment in the two parcels it had purchased for $2.2 million. “He does not own the parking lot,” Mr. Goldsmith said. “That’s not their property. They don’t have a deeded right, they don’t have a piece of paper that says they have a right to cross this property.”
Mr. Gura and former bakery owners took the stand during the two-day trial, which also attracted onlookers including bank employees.
Judge Moriarty must still decide the scope of the prescriptive easement and is expected to set parameters, including when Pie in the Sky can take deliveries and empty trash, and exactly where customers and staff have the right to cross the bank’s property.
Following the verdict, Mr. Gura said he was relieved and had worried about what would happen if it had gone the other way. “It would have destroyed the business, with no way for deliveries and trash,” he said.
Martha’s Vineyard Savings Bank president Paul Falvey called it a fair outcome.
“We respect and appreciate what the jury did,” Mr. Falvey said. “One of the most important things from my perspective, we’ve worked with Pie in the Sky for years allowing deliveries and trash removal. They had our permission to do it. This really centered on his insistence that he had a legal right to do it.”

Comments
Another reason not to like
Bob EdgartownAnother reason not to like banks as they only care about themselves. And then to try and say they were working with the owners, blah blah blah. If the bank does care and cares about the little guy then pay there lawyer bills please.
Blah, blah! By the way every
Brian EdgartownBlah, blah! By the way every sixth grader knows it is "their lawyer" not "there lawyer"
Thanks Brian, public
Bob EdgartownThanks Brian, public education strikes again. They never should of let me out of 6th grade.
Why is the title of this
Arthur Hardy-Doubleday Oak BluffsWhy is the title of this article so misleading. Pie in the Ski won. MV Savings Bank lost. Where is the settlement? Editor?
Can someone explain this in
Brad Oak BluffsCan someone explain this in more depth: Can anyone use this a private path for the bakery, has it become a public way so anyone can use it? It doesn't sound like it's limited to employees of the bakery doing the business of the bakery since "deliveries" could be the UPS or FedEX employee.
If the bakery employees can cut through the bank property to get the bakery; can the bank employees cut through the bakery to get to the bank?
If these deliveries harm the property (kill the grass along the path) who is responsible for that?
Does the bank now have more liability than it did before if someone from the bakery gets hurt on the property doing business for the bakery?
If the bank finds it needs to put in a walkway to protect the grass and its investment; is the bakery responsible for part of the cost/maintenance? When it snows, does the bank have to shovel the path?
This ruling probably means the bank cannot make a change which would block access, i.e. plant flowers or a hedge so they could argue property now has less value in terms of property tax or resale value.
Since using the cut through established a right to do so; does not using the path for a period of time allow the bank to get control back? Just suppose the bakery closed off season and didn't use the path for six months, is the bakery required to take out empty trash barrels during the winter to maintain it's right to use the path?
Can the bakery expand it's use of the path from once or twice a day for trash/deliveries to something more e.g. back door donuts? Since walking the path is permitted, can they use a cart for heavy loads or back up a truck up to the doorway for a really big delivery?
I have nothing for or against the bank or the bakery; and I strongly in favor of being a good neighbor; I just find the topic fascinating.
It is clear you've never been
Linda Oak BluffsIt is clear you've never been to the spot in question. It is not a path. It is a small paved area behind the two businesses. There are trash containers for both parties, the Bank and the Bakery. There's a back door to the Bakery. There are a few parking spaces, maybe 3 or 4 which I always thought were shared by customers of each business. Your "what ifs" have no bearing on the actual place. These two businesses are not enemies. They must have worked out issues like snow removal and trash pick-ups. They are both successful. The location of the bank is a great convenience for people coming to and leaving Woods Hole. Pie in the Sky is one of the best run businesses I've seen in years. The employees are service oriented. They're happy in their work. The products sold are high quality. Congratulations all around to them both.
More questions: where's a map
Chris Daly AquinnahMore questions: where's a map or photo showing the situation? Why was a dispute located in Barnstable County tried in Dukes County?
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