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SPILLANE v. ADAMS

No. 08-P-2133.

76 Mass. App. Ct. 378 (2010)

RICHARD J. SPILLANE & another v. SAMUEL ADAMS & others.

Appeals Court of Massachusetts, Suffolk.

March 2, 2010.

Attorney(s) appearing for the Case

Donald R. Pinto, Jr., for the plaintiffs.

John Michael Donnelly, Assistant Attorney General, for the Commonwealth.

Robert J. Moriarty, Jr., for James O. Welch, Jr.

Jackie Cowin for town of Manchester-by-the-Sea.

Present: COHEN, VUONO, & GRAINGER, JJ.

GRAINGER, J.

The plaintiffs, Richard and Christine Spillane (Spillanes), objected to the presence of two small boats moored on tidal flats within sight of their house located on Black Beach in the town of Manchester-by-the-Sea (town). Confident of their right to do so and exercising self-help, they had the moorings removed. Thereafter they sought a declaration under G. L. c. 231A in the Land Court to establish their ownership of the tidal flats, as well as a declaration...

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