McCarthy v. Town of Oak Bluffs

The plaintiffs, Terrence P. and Simone B. McCarthy, filed a verified complaint in the Land Court, naming as defendants the town of Oak Bluffs (town) and the Commonwealth, and seeking a declaration, pursuant to G. L. c. 185, § 1 (k) (1992 ed.),3 and G. L. c. 231A (1992 ed.), that they are entitled to the exclusive use and control of a portion of a wooden plank deck attached to a bulkhead constructed around 1952 with funds from the Commonwealth and the town, The westerly side of the plank deck is washed by the waters of Oak Bluffs Harbor, formerly known as Lake Anthony, a great pond of the…