In Moncy v. Planning Board of Scituate, 50 Mass. App. Ct. 715, 741 N.E.2d 82 (2001), the Plaintiffs failed to prove at trial that a public way had been laid out despite a finding by the judge that the town selectmen had laid out the way at issue as a "highway". 50 Mass. App. Ct. at 716. Despite this fact being in evidence, there was still an outstanding question as to why it had been laid out, which combined with the ambiguity of the term "highway", led the court to conclude that it was just as likely that it was laid out as private way. Id. at 716, 719.