COMMONWEALTH v. MUISE

No. 02-P-515.

59 Mass. App. Ct. 562 (2003)

COMMONWEALTH v. HAROLD A. MUISE.

Appeals Court of Massachusetts, Essex.

October 10, 2003.


Attorney(s) appearing for the Case

Paul L. Lees for the defendant.

James Janda, Assistant District Attorney, for the Commonwealth.

Present: GRASSO, DREBEN, & MILLS, JJ.


DREBEN, J.

Relying on Fafard v. Conservation Commn. of Barnstable, 432 Mass. 194, 198-200 (2000), the defendant claims that the Gloucester waterways regulation under which he was convicted is invalid. He argues that "[a]bsent a grant of authority from the Commonwealth, a municipality may not claim powers to act on behalf of public trust rights." Id. at 199. We consider the reliance on Fafard misplaced...

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