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RAUSEO v. COMMONWEALTH

No. 04-P-1514.

65 Mass. App. Ct. 219 (2005)

MICHAEL J. RAUSEO, trustee, v. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

December 1, 2005.

Attorney(s) appearing for the Case

Joseph Callanan, Assistant Attorney General, for the Commonwealth.

Eric W. Wodlinger (Sarah H. Broughel with him) for the plaintiff.

John A. Pike, for Conservation Law Foundation, amicus curiae, submitted a brief.

Present: Doerfer, Cohen, & Trainor, JJ.

DOERFER, J.

The Commonwealth asserts in this appeal that a parcel of land owned by the plaintiff is subject to rights in the public arising out of the history of the land as a tidal flat and the enactment of the Mystic River wharfing statutes in the mid-nineteenth century (St. 1855, c. 481, and St. 1852, c. 105). We affirm the decision of the Land Court that such rights have terminated by the lawful filling of the...

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