Sacco v. Department of Public Works

The plaintiffs, all residents of the town of Arlington, seek by this bill in equity to enjoin the Department of Public Works (department) from conducting “any filling operations in Spy Pond” and for a determination that such operations are unlawful. The case was heard in the Superior Court on a statement of agreed facts. The trial judge made findings, rulings and order for decree. A final decree was entered dismissing the bill. From this decree the plaintiffs appealed.

“Spy Pond is a ‘great pond’ within the meaning of G. L. c. 91, § 35, 2 ***and G. L. c. 131, § 1, 3 ... is owned by the…