Christoffels v. Alton Properties, Inc.

This is a bill in equity in which the plaintiffs, ten residents of Tewksbury, seek to prevent the filling of a certain pond (Ames Pond) in Tewksbury and the construction of a shopping center. From a final decree dismissing the bill, the plaintiffs appeal. We have before us a report of material facts and a transcript of the evidence. Ames Pond is an area which can be lawfully filled only under the terms of G. L. c. 131, § 140, as amended, the “Hatch Act.” The plaintiffs argue that the statute is unconstitutional because it affords them no opportunity to be heard prior to the issuance by the…