WELLFLEET v. GLAZE


403 Mass. 79 (1988)

525 N.E.2d 1298

TOWN OF WELLFLEET & another vs. JOHN W. GLAZE.

Supreme Judicial Court of Massachusetts, Barnstable.

July 20, 1988.


Attorney(s) appearing for the Case

Edward W. Kirk for the defendant.

Elizabeth A. Lane for the plaintiffs.

James M. Shannon, Attorney General, & James R. Milkey, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

The underlying question here is the relative rights of private owners and the public in tidal flats. In August, 1986, the town of Wellfleet filed a complaint in the Superior Court citing the defendant for violating G.L.c. 130, § 67 (1986 ed.), and seeking a restraining order prohibiting the defendant from mooring his boats on a certain "shellfish grant" on a portion of the defendant's flats. The town's request for a temporary restraining order was granted...

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