Legal Opinion

Trio Algarvio, Inc. v. Commissioner of the Department of Environmental Protection

Massachusetts Supreme Judicial Court

Decided September 9, 2003PublishedCited by 15 opinions

1Opinion of the Court

Marshall, CJ.

Some two centuries ago, the General Court enacted a statute previously of little consequence except to the owners of land adjoining the Acushnet River in New Bedford. The statute, one of several hundred “wharfing statutes” enacted in the late Eighteenth and early Nineteenth Centuries, permitted the littoral owners of the property to “erect, continue and maintain, wharves parallel with [its] several lots” beyond the low water mark of the river. St. 1806, c. 18, § 1. In the succeeding decades, wharves and piers were erected on the submerged tidelands, which were filled…

2Cases cited7 opinions

  1. Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
  2. Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
  3. Opinions of the Justices to the SenateMassachusetts Supreme Judicial Court · 1981
  4. Treasurer & Receiver General v. Revere Sugar RefineryMassachusetts Supreme Judicial Court · 1924
  5. Bradford v. McQuestenMassachusetts Supreme Judicial Court · 1902

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3Cited by15 opinions

  1. Moot v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 2007
  2. Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting BoardMassachusetts Supreme Judicial Court · 2010
  3. Boston Edison Co. v. Massachusetts Water Resources AuthorityMassachusetts Supreme Judicial Court · 2011
  4. Arno v. CommonwealthMassachusetts Supreme Judicial Court · 2010
  5. McGarvey v. WhittredgeSupreme Judicial Court of Maine · 2011

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