Town of Bourne v. Austin

This was a complaint brought in the Superior Court under G. L. c. 231A and under the second sentence of the twenty-third paragraph of G. L. c. 131, § 40, as amended through St. 1979, c. 693, 2 by which the plaintiff town sought to enjoin the defendants from making repairs to a retaining wall located at the base of a seawall which runs along the Pocasset River side of the defendant Hilda E. Austin’s property in Bourne. The theory of the complaint was that the repair work being done by the defendants constituted the filling or alteration of a bank bordering on a tidal river and that the…