Your path: Home) Archive Page) Courts) Courts - State) Massachusetts Court of Appeals October 2009: Residents Fail in State Clean Water Act Challenge to Discharge of New Silver Beach Waste Water into Ground and Groundwater Richard Healer et al. v. Massachusetts Department of Environmental Protection 911 N.E.2d 779, 75 Mass. App.Ct. 8 (Mass.App. Aug. 20, 2009). February 2009: Massachusetts Court finds Property Owner Legitimately Charged More for Water Usage Because He Failed to Allow Access to Water Meters Forster v. Town of Belmont 0452-CV-1301 (Mass.App.Div. Dec. 17, 2008) July 2008: Massachusetts Appellate Court Confirms Homeowner’s Right to Assert Exclusive Ownership and Control of Beach Nancy J. Houghton & Others v. Linda Jean Johnson, Trustee 06-P-1400 (Mass. App. Ct. 2008, May 30) May 2008: Massachusetts Appeals Court Confirms Trial Court’s Discretion with Jury Instructions in Clean Water Act/State Water Quality Act Violation Case Commonwealth v. B&M Fitzgerald Builders, Inc. 07-P158 (Mass.App. March 31, 2008) April 2008: aaa aaa aaa April 2007: Massachusetts Appellate Court Reverses Trial Court’s Finding of No Trespass and Nuisance Based upon Storm Water Overflow Trenz v. Town of Norwell 06-P-254 (Mass. App. Feb. 20, 2007) April 2007: Massachusetts Appellate Court Reverses Finding of ‘Spot Zoning’ in Deference to Municipal Regulation Designed to Address Flood Control Andrews v. Town of Amherst 05-P-1824, (Mass.App. March 5, 2007) January 2006: Massachusetts Court of Appeals Upholds Recreation Use of Water over Restrictive Municipal Ordinance Mad Maxine’s Watersports v. Harbormaster of Provincetown O5-P-1594 (Mass. Appeals Court, Sept. 15, 2006) December 2003: Massachusetts Court of Appeal, Applying Illinois Law, Requires Insurance Company to Indemnify Environmental Property Damage Occurring Outside the Policy Period Chicago Bridge & Iron Co. v. Certain Underwriters at Lloyd’s 797 N.E.2d 434 (Mass. App. Oct. 17, 2003). May 2001: Massachusetts Appeals Court Affirms Award of All Legal Expenses to Seller of Contaminated Property Based on Broad Indemnity Agreement with Buyer Hill v. Cabot Case No.99-P-594 (Mass. App. Frb. 26, 2001) Land Court of Massachusetts August 2009: Massachusetts State Land Court Holds Transfer of Water Withdrawal Rights Effective for Hydroelectric Dam Company Pacific Mills Acquisition v. Essex Company 298282 (Mass.Land Ct. June 29, 2009) June 2009: Landowner with Easement Right of ‘Bathing and Boating’ Cannot Build Bridge to Adjacent Parcel She Does Not Own to Enjoy Easement Town of Nantucket v. Lerner 367681 (Mass. Land Ct. March 31, 2009) May 2006: Massachusetts Landowner, Facing Water Resources Protection Zoning Classification and, Simultaneous “Less Restrictive” Zoning Classification Loses Due Process and Police Power Challenges Sharon v. Zoning Board of City of Westfield 308445 (Land Court of Mass. April 14, 2006) Massachusetts Superior Court March 2002: Jury May Hear a Case under the Massachusetts Hazardous Waste Recovery Law that Parallels CERCLA Newly Weds Food, Inc. v. Westvaco Corportation Case No.99-5194-C (2001 Mass.Super.Court Dec.12,2001) Massachusetts Supreme Court February 2010: Massachusetts Supreme Court Finds 14 Towns Succeed in Challenging State DEPs Right to Regulate Water Withdrawal Water Department of Fairhaven, et al. v. Massachusetts Department of Environmental Protection 10430 (Mass. Jan. 14, 2010) May 2002: Massachusetts Supreme Court Finds "Actual Knowledge" of Groundwater Contamination Is Required before State Statute of Limitations Begins to Run on Claim for Property Damage Taygeta Corporation v. Varain Associates, Inc. 436 Mass. 217 (Mass. March 7, 2002).

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