TRIO ALGARVIO, INC. v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION


440 Mass. 94 (2003)

TRIO ALGARVIO, INC. vs. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Massachusetts, Suffolk.

September 9, 2003.


Attorney(s) appearing for the Case

James R. Milkey, Assistant Attorney General, for the defendant.

Richard A. Nylen, Jr., for the plaintiff.

The following submitted briefs for amici curiae:

John A. Pike for Conservation Law Foundation.

Eric W. Wodlinger & Sarah Hunt Broughel for 245 Summer Street 121A Limited Partnership.

Michael E. Malamut for New England Legal Foundation.

Present: Marshall, C.J., Greaney, Ireland, Spina, Sosman, & Cordy, JJ.


MARSHALL, C.J.

Some two centuries ago, the General Court enacted a statute previously of little consequence except to the owners of land adjoining the Acushnet River in New Bedford. The statute, one of several hundred "wharfing statutes" enacted in the late Eighteenth and early Nineteenth Centuries, permitted the littoral owners of the property to "erect, continue and maintain, wharves parallel with [its] several lots" beyond...

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