ARNO v. COMMONWEALTH

SJC-10559.

457 Mass. 434 (2010)

JOSEPH V. ARNO v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 2, 2010.


Attorney(s) appearing for the Case

Seth Schofield, Assistant Attorney General, for the Commonwealth.

Gordon M. Orloff (Gareth I. Orsmond with him) for the plaintiff.

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

Diane C. Tillotson & Paula M. Devereaux, for Real Estate Bar Association for Massachusetts & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


CORDY, J.

This case requires us to consider the interplay between the system of land registration, G. L. c. 185, §§ 26-56 (Registration Act), and the public trust doctrine. In particular, we confront for the first time whether the registration of a parcel of land may extinguish the public's otherwise existing rights therein. We conclude that it cannot.

The land in question borders Nantucket Harbor. It originally was registered as two adjoining lots...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases