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COMMONWEALTH v. CLEMMEY

447 Mass. 121 (2006)

COMMONWEALTH v. KARL D. CLEMMEY (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

June 30, 2006.

Attorney(s) appearing for the Case

Daniel I. Smulow, Assistant Attorney General (Paul Molloy, Assistant Attorney General, with him) for the Commonwealth.

Howard M. Cooper for Karl D. Clemmey & another.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

On December 19, 2003, a grand jury, sitting in Bristol County, returned a ten-count indictment against the Quirk Trust LLC (trust) and a virtually identical ten-count indictment against its manager, Karl D. Clemmey (Clemmey). The indictments charged the defendants with violations of the Wetlands Protection Act, G. L. c. 131, § 40 (Act), in connection with tree clearing and landfilling activities undertaken...

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