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BELANGER v. COMMONWEALTH

No. 95-P-758.

41 Mass. App. Ct. 668 (1996)

GREG BELANGER & others v. COMMONWEALTH & another.

Court of Appeals of Massachusetts, Essex.

November 19, 1996.

Attorney(s) appearing for the Case

Dallas W. Haines, III, for the plaintiffs.

Frederick D. Augenstern, Assistant Attorney General, for the Commonwealth.

Present: WARNER, C.J., LAURENCE, & FLANNERY, JJ.

WARNER, C.J.

The plaintiffs are the owners of riverfront property adjacent to the Powwow River in the town of Amesbury (town). They brought this common law nuisance action against the town and the Commonwealth, alleging that their land was artificially flooded as a result of the town's failure to adjust, remove, or replace a dam-like structure on the river, known as the Newtown Road weir, and to maintain and control properly the Lake Gardner Dam and several other...

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