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PAZOLT v. DIRECTOR OF THE DIVISION OF MARINE FISHERIES

417 Mass. 565 (1994)

631 N.E.2d 547

PRISCILLA PAZOLT, trustee, vs. DIRECTOR OF THE DIVISION OF MARINE FISHERIES & others.

Supreme Judicial Court of Massachusetts, Barnstable.

April 20, 1994.

Attorney(s) appearing for the Case

William C. Henchy for the plaintiff.

Kenneth W. Salinger (William L. Lahey with him) for John LaForte.

Thomas A. Barnico, Assistant Attorney General (Margaret Van Deusen, Assistant Attorney General, with him) for Director of the Division of Marine Fisheries.

Paul V. Benatti, for Board of Selectmen of Truro, was present but did not argue.

The following submitted briefs for amici curiae:

Richard S. Emmet for Conservation Law Foundation & another.

Michael D. Ford, Town Counsel, for town of Wellfleet.

Brian J. Wall for John Glaze & others.

John D. Echeverria, of the District of Columbia, for National Audubon Society.

Scott Harshbarger, Attorney General, Thomas A. Barnico & Margaret Van Deusen, Assistant Attorneys General, for the Commonwealth.

Present: ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

We again are faced with the issue of the private property rights of a littoral landowner and the public's reserved right of fishing in the intertidal zone. See Wellfleet v. Glaze, 403 Mass. 79 (1988). The Board of Selectmen of Truro (board) granted John LaForte licenses to conduct shellfish propagation and aquaculture on the tidal flats located in front of the plaintiff's motel.3

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