COMMONWEALTH v. JOHN G. GRANT & SONS CO.


403 Mass. 151 (1988)

526 N.E.2d 768

COMMONWEALTH vs. JOHN G. GRANT & SONS CO., INC.

Supreme Judicial Court of Massachusetts, Norfolk.

August 3, 1988.


Attorney(s) appearing for the Case

James M. Burke for the defendant.

James A. Paisley, Special Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

The defendant corporation was found guilty by a jury on a complaint charging it with filling or altering a fresh water wetland subject to flooding in violation of G.L.c. 131, § 40, and of a by-law of the town of Braintree. The judge imposed a fine of $87,500 for the violation of § 40 and placed the conviction for the violation of the by-law on file.1

The defendant appealed. The Appeals Court concluded that...

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