Attorney General v. Vineyard Grove Co.
Massachusetts Supreme Judicial Court
Information by the Attorney General, filed March 22,1897, to establish the dedication of the shore front of a tract of land developed by the Oak Bluffs Land and Wharf Company in forming the town of Cottage City and afterwards acquired by the defendant under the statutes named by the court, praying that the defendant be enjoined from conveying any portion of the beach or interfering in any way with its public use, and that the defendant be commanded to remove every structure…
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Information by the Attorney General, filed March 22,1897, to establish the dedication of the shore front of a tract of land developed by the Oak Bluffs Land and Wharf Company in forming the town of Cottage City and afterwards acquired by the defendant under the statutes named by the court, praying that the defendant be enjoined from conveying any portion of the beach or interfering in any way with its public use, and that the defendant be commanded to remove every structure upon the beach extending above the bluff adjoining it. The case came on to be heard before Morton, J., who overruled the…
1Opinion of the CourtHolmes, C. J.
This is an information for the purpose of removing a structure alleged to be an encroachment upon land dedicated to the public. The structure complained of is a building which rises above the edge of a bluff facing the sea in Cottage City, Martha’s Vineyard, and is built upon land found by the master to have been dedicated to the public by the defendant’s predecessor in title. It also interferes with the view from the bluff which was embraced in the dedication. The master reports that there should be a decree for the removal of so much of the building as rises above the level of the edge of…
2Cases cited6 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Attorney General v. AbbottMassachusetts Supreme Judicial Court · 1891
- Ladd v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Inhabitants of New Salem v. Eagle Mill Co.Massachusetts Supreme Judicial Court · 1884
- Old Colony Railroad v. Framingham Water Co.Massachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Prentiss v. City of GloucesterMassachusetts Supreme Judicial Court · 1920
- Myers v. SalinMassachusetts Appeals Court · 1982
- Hewitt v. PerryMassachusetts Supreme Judicial Court · 1941
6 more not listed; retrieve them via the Exa API.