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Dorchester mall blocks off Asian market with Jersey barriers in ugly contract dispute

The Dorchester Reporter explains why the Kam Man supermarket on Allstate Road has been sealed off from the outside world.

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The article says that Kam Man bought the lease from Super 88 for $2 million, but then says that E&A tried to buy "the building" from Kam Man for $2.5M.

I guess the take-away here is never to start a business where a competitor owns the access road, but I did love this part:

“If any of the agreements were violated, the Easement Agreement provides that E&A would have the immediate right to shut down the easement and block the point of Super 88’s access to the South Bay Center roadway system and access driveway,” O’Flaherty wrote in E&A’s response to Kam Man’s motion to remove the barriers.

I guess all those supermarkets just look the same to Mr. O'Flaherty.

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Why should a private shopping center owner own a road that serves other abutters?

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A "way" is not controlled by whoever owns the property the way is "on." They're separate. You can have a way that is on top of private property.

You can have a "way" for a neighbor that is on your property, but they're granted the right to use it. If that's the case, you cannot obstruct them.

While we're on the subject: in Massachusetts, a "private way" is not "private property." It's a *way*, that was established by private request, but still planned and constructed by the city/town. It's open for use by anyone, and no private individuals can restrict its use.

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You can have a "way" for a neighbor that is on your property, but they're granted the right to use it. If that's the case, you cannot obstruct them.

Then why are the Jersey barriers there?

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Whatever the rules are for a private way, a city can always take private land for public purposes. And in this case, they certainly should. An existing, operating business should have the right to vehicular access to a public road.

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Probably because it was all one parcel when Sears operated out of there, and whoever bought it , ie spent money , developed it that way. Then a deal was made, and it looks like a party tried to get cute , and now has to pay the consequences. Solution is to live by the agreement, and everybody makes money. Greed don't pay.

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I remember when Super 88 was a thrilling supermarket adventure, huge and inexpensive and full of exotic groceries never seen around here in such quantity. But they kept moving things around and making it hard to find anything. Freezers would thaw out and spoil food that they kept on the shelves anyway. You'd have to keep a close eye on expiration dates. The walls literally closed in on the store, making it smaller and more confusing. It became HK Supermarket, and then Kam Man took over and for a little while the old promise was revived. Last time I went it was more chaotic than ever, with grocery sections being moved around the store with no logic that I could see. Even the people who worked there had no idea where anything was. And it always had a weird smell that would turn off a lot of shoppers. Some of this, I thought just went with the territory.

The new H Mart in Cambridge proves that wrong and shows how an Asian supermarket can be done right. It's a beautiful, clean, modern store with organization and selection, and food court to be proud of upfront.

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Is this in the spot of the once-upon-a-time Japanese grocery?

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Harvest is still in Central Square too, but they moved across the street into a smaller space.

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What do they have to say about all this?

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It makes ya sick fachrissakes. Bring in a Walmart will ya.

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