Legal Opinion

Commonwealth v. Ferreri

Massachusetts Appeals Court

Decided June 12, 1991No. Nos. 89-P-1227 & 90-P-599PublishedCited by 8 opinions

1Opinion of the Court

On March 24 and December 11, 1989, the defendant was found guilty of refusing to comply with a District Court order, issued under G. L. c. 140, § 157, as amended by St. 1985, c. 455, that he “forthwith” remove his dogs from his property. He makes numerous claims on appeal, most of which turn on his assertion that § 157 is unconstitutional. We affirm the judgments.

As here pertinent, § 157 reads: “If any person shall make complaint in writing to the selectmen of a town . . . that any dog owned or harbored within . . . their jurisdiction is a nuisance by reason of . . . excessive barking or…

2Cases cited11 opinions

  1. Kolender v. LawsonSupreme Court of the United States · 1983
  2. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  3. Walker v. City of BirminghamSupreme Court of the United States · 1967
  4. Commonwealth v. OrlandoMassachusetts Supreme Judicial Court · 1977
  5. Commonwealth v. One 1972 Chevrolet VanMassachusetts Supreme Judicial Court · 1982

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3Cited by8 opinions

  1. City of Belfield v. KilkennyNorth Dakota Supreme Court · 2007
  2. Durbin v. Board of SelectmenMassachusetts Appeals Court · 2004
  3. State v. ShawOhio Court of Appeals · 2017
  4. Cullinane v. Board of SelectmenMassachusetts Appeals Court · 2001
  5. State v. AckerConnecticut Appellate Court · 2004

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