'We will continue to fight this': Aquinnah land case sees a verdict

EDITOR'S NOTE: In this story, corrections were made on Nov. 4, 2022 to a court date and acreage of land.

Following five years of litigation, Superior Court Judge Janet Sanders has ruled that a 5.7-acre parcel of land in the Martha's Vineyard town of Aquinnah belongs to the Vineyard Conservation Society, not members of the Devine family whose ancestors once had claim to the property.

Sanders took about a week to decide the case after the latest court appearance on Oct. 13 and released a judgment for the Vineyard Conservation on Oct. 24.

In an email, Brendan O'Neill, executive director of the Vineyard Conservation Society, said Sanders' decision speaks for itself.

But Tanisha Gomes, one of 19 people fighting for the land, said her family will appeal.

From the archivesThree witnesses speak during Vineyard land case trial; no verdict yet from judge

"We will continue to fight this for the long haul. It's about more than just the land — it's about entities like VCS improperly holding land that's not theirs," said Gomes in a telephone interview. "We got this far and we aren't giving up."

Defendant claims of ownership go back to 1870 deed

Since the original complaint was filed by Vineyard Conservation in May 2017, the Devine family asserted ownership of Lot 240 based on an 1870 deed, held by their ancestor Louisa Pocknett.

The land in question, said Gomes, was never legally sold and is currently listed on the town of Aquinnah's Board of Assessor's website under her family's name. Pocknett is described in the original complaint as the former owner of the property. She died on Aug. 29, 1874, and was a member of the Mashpee Wampanoag Tribe.

Caroline Kennedy gifted the land to Vineyard Conservation in 2013

Since 1945, the land in question passed through several layers of ownership, eventually landing in the hands of Jacqueline Kennedy Onassis in 1978. Jacqueline's daughter, Caroline Kennedy, and her husband, Edwin Schlossberg gifted the land, along with about 30 additional acres to Vineyard Conservation in 2013. The land, which was valued at $3.7 million, was gifted for $10.

Vineyard Conservation claimed ownership through two chains of title

Vineyard Conservation based its claim of ownership to Lot 240 on two chains of title, said Jonathan Polloni, a land use attorney for Senie & Associates, PC, who represents the Devine family.

While one chain of title, called the "Mayhew chain of title," was considered invalid by Sanders, Polloni said the judge was partial to broad language included in a 1945 deed and chain of title that passed land from Horace Devine, Louisa Pocknett's grandson; to Henry Cronig, a one-time real estate mogul.

Lot 240, Sanders wrote in her decision, was essentially passed down to Louisa Pocknett’s heirs until 1937 when the first of six deeds were executed, containing broad language conveying all of Horace Devine's interest in lands in Gay Head to Cronig.

The interpretation of the contract included a determination as to whether the language was ambiguous. While the defendants argue that it was, Sanders said a determination of contractual ambiguity can only be found when the language is reasonably susceptible to more than one interpretation. Sanders found no ambiguity, which prevented her from looking beyond the words of the written document.

"Defendants argue that the deeds that do describe particular lots should be read narrowly, despite the broad language that follows the identification of specific lots," Sanders wrote in her decision. "That these deeds do not specifically mention Lot 240 does not make them any less valid."

Polloni called the judge's decision a matter of interpretation.

"She looked at that broad language and said that’s good enough for me," said Polloni. "The problem is that the language isn't necessarily exclusive of land that he doesn’t know that he owns. I think that was what convinced her."

Appeal will challenge broad language

The appeal, said Polloni, will simply challenge Sanders' conclusion.

"I would interpret it (1945 deed) differently. That would be my grounds for appealing it," he said.

From the archivesCape Cod family continues to fight for 5.7 acres of land on Martha's Vineyard

The difficulty throughout the case, said Polloni, has been trying to understand what Horace Devine meant when he submitted the broad language into the 1945 deed.

"It was a long time ago when Horace conveyed all of his land to Henry Cronig in 1945," he said. "There are many good reasons to appeal this decision."

Contact Rachael Devaney at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

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This article originally appeared on Cape Cod Times: Defendants vow to appeal after judge's decision in Aquinnah land case