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BOSTON WATERFRONT DEVELOPMENT CORP. v. COMMONWEALTH

378 Mass. 629 (1979)

393 N.E.2d 356

BOSTON WATERFRONT DEVELOPMENT CORPORATION vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 3, 1979.

Attorney(s) appearing for the Case

Arnold P. Messing for the Boston Waterfront Development Corporation.

Howard R. Palmer, Assistant Attorney General (Dean P. Nicastro, Assistant Attorney General, with him) for the Commonwealth.

Loring P. Jordan, Jr., & William S. Rosenberg, for The Massachusetts Conveyancers Association & another, amici curiae, submitted a brief.

Stephen H. Oleskey & Timothy H. Gailey, amici curiae, submitted a brief.

Present: QUIRICO, BRAUCHER, KAPLAN, LIACOS, & ABRAMS, JJ.

QUIRICO, J.

This case arises from a dispute between the Boston Waterfront Development Corporation (BWDC) and the Commonwealth over the ownership of a small parcel of land at the end of a wharf extending into Boston Harbor. To resolve this dispute we must consider in historical perspective the allocation of rights among private parties, the Commonwealth, and the public to use, own and enjoy one of the Commonwealth's most precious natural resources, its shore.

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