Opinion of the Justices to the Senate (Lawyers Weekly No. 10-073-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-12092 OPINION OF THE JUSTICES TO THE SENATE. Beach. Public Land. Real Property, Beach, Littoral property. On May 26, 2016, the Justices submitted the following response to a question propounded to them by the Senate. To the Honorable the Senate of the Commonwealth of Massachusetts: The undersigned Justices of the Supreme Judicial Court respectfully submit this response to the question set forth in an order adopted by the Senate on April 13, 2016, and transmitted to us the next day. For reasons outlined below, we are unable to answer specifically, either yes or no, the question as it has been presented to us. The order concerns a bill, House No. 753, that is presently pending in the Senate committee on Rules, entitled “An Act preserving public trust rights in land affected by ocean erosion.”[1] The order indicates that “the bill was reported favorably out of the joint committee on Environment, Natural Resources and Agriculture” before being referred to the Senate committee. The bill proposes an amendment to G. L. c. 91, § 35. Chapter 91 is the Massachusetts waterways statute; together with the regulations promulgated thereunder, it provides for extensive State regulation of the Commonwealth’s interest in tidelands and other coastal and inland waterways, including great ponds. Section 35 presently consists of one sentence: “The provisions of this chapter relative to great ponds shall apply only to ponds containing in their natural state more than ten acres of land, and shall be subject to any rights in such ponds which have been granted by the commonwealth.” The bill would add a second sentence to § 35, following the existing text, that states: “Where sea level rise, storms, or other natural processes have caused the landward or lateral movement of a barrier beach into an area which was previously occupied by the bottom of any Great Pond or onto any other public land, the portion of the barrier beach relocated into the former bottom of the Great [P]ond or onto other public land shall be and remain in public ownership.” The order further recites that “grave doubt exists whether the bill, if enacted, would comply with” art. 10 of the Massachusetts Declaration of Rights and the Fourteenth Amendment to the United States Constitution, and that “some decision must be made on the current bill prior to the […]
South End Senate Election Results 2013
The voting in South End precincts for the 2013 U.S. Senate special elections Tuesday reflected the preferences of the state overall, with Democratic candi South End Patch News
Markey Wins Senate Special Election
It’s been a long road to the Senate for Ed Markey, but the road finally came to a successful end for the longtime Congressman Tuesday night. Markey, a Democrat who has represented Malden since 1976, beat Republican Cohasset businessman and former U.S. Navy SEAL Gabriel Gomez in the election Tuesday. Markey’s party at the Park Plaza Hotel in Boston’s Back Bay was a raucous one for local and state Democrats who could revel in a special election victory after losing their last such race in 2010. He thanked his opponent and said that while they disagreed on issues they both “love the state of Massachusetts and love the United States of America.” Gomez, speaking to his supporters gathered at the Seaport Hotel, said that he called Markey with congratulations shortly after the race was called and that they had a “very productive talk.” “I wish him nothing but the best,” Gomez said. Markey was thankful of supporters who knocked on doors over the weekend in sweltering heat to get people out to vote Tuesday. “Regardless of how you voted, I say to you tonight, this is your seat in the United States Senate,” Markey said. Gomez framed his concession speech with the story of his parents, who immigrated from Columbia in 1964, and their decision to remain in the United States and raise their son. He went on to the Naval Academy, the NAVY SEALs and Harvard Business School. “I love this county with the bottom of my heart,” Gomez said. “I will continue to fight for my country. I’m going to ensure we have a strong, safe America.” Gomez did not hold back on his criticism of what he called the “Democratic machine,” and though he apologized several times for “coming up short,” his supporters shouted that he had nothing to apologize for, being a Republican in Massachusetts. “Sometimes you face overwhelming force,” Gomez said. “I mean, we were massively overspent.” “But in the face of this adversity,” he continued, “we could not have fought a better fight.” Markey, meanwhile, said he wants to be a leader on the issues of climate change, clean energy, gun control and making college affordable for all students among other ideas. “I want what you want, a 21st Century that is more educated, more healthy, more prosperous and more fair than the 20th Century was,” Markey said. “I will honor the vote that you gave that makes it possible for me to stand here tonight as your next United States Senator.” ***** ***** ****** ORIGINAL STORY: The Associated Press projects Democratic nominee Edward Markey […]
U.S. Senate Election: Where to Vote in the South End
For all South End residents planning to vote in the June 25, 2013 election, here is what you need to know. Polling Places: Polls are open Tuesday from 7 a.m. to 8 p.m. Click here to enter your address to see your polling place. If you have any questions, call the Boston Election Department at 617-635-3767. Ward 3, Pct 7: Cathedral High School Gymnasium – 1336 Washington St. Ward 4, Pct 1: William McKinley South End Academy – 90 Warren Ave. Ward 4, Pct 2: Tent City Community Room – 130 Dartmouth St. Ward 4, Pct 3: William McKinley South End Academy – 90 Warren Ave. Ward 4, Pct 4: Frederick Douglass Apartments – 755 Tremont St. Ward 5, Pct 1: Franklin Institute of Boston – 41 Berkeley St. Ward 8, Pct 1: Cathedral High School Gymnasium – 1336 Washington St. Ward 9, Pct: 1: Cathederal High School Gymnasium – 1336 Washington St. Ward 9, Pct 2: Washington Manor Apartments – 1701 Washington St. Click here to see the full list of polling locations in Boston by Ward and Precinct. Contested Races: Senator in Congress: Gabriel Gomez, Republican; Edward Markey, Democrat, Richard A. Heos, 12 Visions Party. More information: Previous U.S. Senate Special Election Coverage: Gomez, Markey Grapple in Final Senate Debate Gomez, Markey Set For Final Senate Debate Markey or Gomez: Who Gets Your Vote? Gomez, Markey Spar in First Senate Debate Obama to Stump For Markey Next Week Gomez, Markey to Square Off in First Debate Obama Endorses Markey; First Lady in Boston Wednesday Menino Endorses Markey as ‘There When We Need Him’ Markey or Gomez: Who Would You Vote for Today? South End Patch Election Day CoverageCheck back to the site throughout the day for updates on voter turnout, photo galleries of supporters and voters at the polls, and up-to-the-minute election results, which will be posted as soon as they are available. You can follow us on Facebook and Twitter to be notified of results. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Gomez, Markey Grapple in Final Senate Debate
Gabriel Gomez and Edward Markey spent their final debate before next week’s U.S. Senate special election clashing over their records and who has the better vision for both their commonwealth and their country. The debate, taped in Boston, broadcast on several local networks and moderated by veteran city newsman and Boston University professor R.D. Sahl, was the last of three contests before voters head to the polls to fill U.S. Secretary of State John Kerry’s former seat. No matter the issue, be it taxes, gun control, abortion, national security and their own personal and professional histories, the two men found disagreements at every turn. Each candidate could agree on one thing: they believe the other candidate’s ideas are “old and stale.” Markey, a Democratic congressman from Malden since 1976, went after Gomez, a former U.S. Navy SEAL and businessman from Cohasset, about not disclosing his clients from his time working at private equity firm Advent International. “We don’t know who he worked for,” Markey said. “We have to know who’s side he’s going to be on.” Gomez corrected Markey, saying his firm didn’t have clients but actually had investors. Among his investors: President Barack Obama, among many other public sector employees. “President Obama would not be an investor if we weren’t $ 17 trillion in debt,” said Gomez, who mentioned several times that the nation debt has swelled from $ 670 billion to $ 17 trillion since Markey took office. Gomez has been a champion of term limits for members of Congress, but was challenged by Markey, who asserted that Gomez surely didn’t tell Arizona Sen. John McCain he shouldn’t run for his seat again when the former presidential candidate came to campaign for him recently. Gomez said he had, in fact, told McCain that he should be term-limited. Markey simply could not believe that was true. “Are you calling him a liar?” Sahl asked. “I’m saying that did not happen,” Markey said. Within that exchange, Gomez listed a number of areas where he believes his party is wrong right now, including immigration, gay marriage, expanded background checks for firearms sales, the environment and global warming. “Nothing’s going to change if Mr. Markey wins this election,” Gomez said. “We’re going to have the same D.C. down there and we’re going to have the same dysfunction.” On gun control, Markey asked Gomez why he opposed a ban on assault weapons and high-capacity magazines and where a civilian would “need a weapon where they could shoot a gun with 100 bullets in under 2 minutes.” Gomez said Markey was “completely misrepresenting my position” on gun control and claimed […]
Gomez, Markey Set For Final Senate Debate
Another U.S. Senate election for Massachusetts is drawing to a close, with the two combatants set to square off one final time before voters head to the polls June 25. Democratic Congressman Edward Markey of Malden and Republican businessman and former U.S. Navy SEAL Gabriel Gomez will hold the last of three debates Tuesday evening in the race to fill the seat formerly held by U.S. Secretary of State John Kerry. The debate will air live from 7 to 8 p.m. on WCVB (Channel 5). The debate will be moderated by R.D. Sahl of Boston University. The two previous debates for the candidates were held in Boston and Springfield. Recent polling has suggested an edge for Markey in the race. Both candidates have received visits from high-profile supporters with Gomez welcoming former New York City Mayor Rudy Giuliani while Markey had both President Barack Obama and former President Bill Clinton stumping for him last week. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Gomez, Markey Spar in First Senate Debate
Gabriel Gomez and Edward Markey engaged Wednesday in their first debate before the U.S. Senate special election this month, and the tone was markedly similar to the tone of the overall campaign thus far. Gomez, the Republican Cohasset businessman and former U.S. Navy SEAL, and Markey, the Democratic Malden congressman since his election in 1976, jabbed at each other during the hour-long debate at WBZ-TV’s studios and sponsored by the news station and the Boston Globe. Topics for the evening included gun control, health care, the economy, foreign policy, recent national political scandals, immigration and abortion. Time and again, Gomez pounded Markey for his years in Washington, painting the congressman as out of touch with Bay State citizens. “You are the poster boy for term limits,” Gomez said to Markey, claiming Markey hasn’t authored any legislation in 20 years. “In the private sector if you don’t do your job you don’t get a pay raise.” Markey said Gomez was espousing “the same old stale Republican ideas” and tried listing his own legislative accomplishments when attacked by Gomez. “I can go on, and on, and on with the number of laws that I am the author of, that I am the principle author of,” said Markey, calling Gomez’s line of attack “mythology.” Early on the candidates went back and forth on gun control, with Markey hitting Gomez for not supporting bans on assault weapons and high-capacity magazines. “Massachusetts is the leader, not the laggard on the issue of gun control,” Markey said. Gomez stated support for increased background checks but slammed Markey for invoking the shootings last year at Sandy Hook Elementary School in Newtown, Conn. for “political gain,” calling it “beyond disgusting.” When discussing the impacts of the Affordable Care Act, Gomez said small business owners in Massachusetts are worried about its costs. Gomez said Markey didn’t support rolling back the tax in the bill on medical devices that impacts over 25,000 employees in the state. Markey said he would support taking out the tax if there was an offset somewhere else, saying he would reduce tax breaks received by oil companies to do so. “That’s the way you have to legislate,” he said. When discussing the recent scandals that have rocked Washington in recent weeks, Gomez called on U.S. Attorney General Eric Holder to resign for the “chilling” seizing of records for reporters. On the topic of Internal Revenue Service employees targeting conservative groups, Markey said “anyone who did anything wrong at IRS should be found and fired immediately.” But on the investigation into the September 2012 attack on the U.S. consulate in Benghazi, Markey […]
Senate Releases $34 Billion Budget Proposal
The Massachusetts State Senate Ways & Means Committee released a budget proposal Wednesday just shy of $ 34 billion for fiscal year 2014 that falls short of several of Gov. Deval Patrick’s budget recommendations. According to the Boston Globe, the Senate $ 33.92 billion budget would increase spending by 4.4 percent as opposed to Patrick’s budget that hikes spending by 6.9 percent. The Senate budget is roughly in line in terms of spending with the proposed $ 33.8 billion House budget proposed last month. The Globe reported that the Senate budget increases spending for elderly services and special education but does not reach Patrick’s recommendations for expanding transportation and providing universal childcare access. Committee Chairman Sen. Stephen M. Brewer (D-Barre) told the Globe their differences with Patrick’s budget are “not in the direction, but in the extent.” In a statement Wednesday, Senate Minority Leader Bruce Tarr (R-Gloucester) said the proposal clearly “rejects once again the massive tax and spend measures” from Patrick. Tarr was still critical of the proposal, saying it “relies on a combination of over $ 627 million from one-time revenue sources and $ 450 million in tax increases, and that’s on top of the millions of dollars in additional tax increases that have been approved in recent years, including a $ 900 million increase in the sales tax implemented in 2009.” Patrick and the Legislature have until July 1, when the new fiscal year begins, to hammer out their differences and approve a budget. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
South End Senate Primary Results
The voting in South End precincts for the 2013 U.S. Senate special primary elections Tuesday reflected the preferences of the state overall, with Democratic winner Edward Markey and Republican winner Gabriel Gomez taking the most votes. There was relatively low turnout overall in the South End’s precincts (Boston’s Ward 4, Precincts 1-4, and Ward 5, Precincts 1, Ward 8, Precincts 1 and 2, and Ward 9, Precinct 2). There were just shy of 2,500 votes in the Democratic primary while about 200 votes were cast in the Republican primary. Gomez and Markey will square off in the general election to fill the seat vacated by John Kerry June 25. The below results are unofficial, from the city of Boston: Democratic Primary Edward Markey Stephen Lynch Ward 4, Pct 1 89.76% 11.24% Ward 4, Pct 2 79.67% 20.05% Ward 4, Pct 3 86.85% 13.15% Ward 4, Pct 4 84.39% 15.61% Ward 5, Pct 1 85.42% 14.42% Ward 8, Pct 1 57.02% 42.98% Ward 9, Pct 1 73.82% 25.65% Ward 9, Pct 2 83.83& 15.41% Average for neighborhood 80.09% 19.81% Republican Primary Gomez Sullivan Winslow Ward 4, Pct 1 73.47% 8.16% 18.37% Ward 4, Pct 2 73.02% 12.70% 11.11% Ward 4, Pct 3 52.63% 21.05% 26.32% Ward 4, Pct 4 61.54% 11.54% 26.92% Ward 5, Pct 1 61.76% 11.76% 25.00% Ward 8, Pct 1 50.00% 16.67% 33.33% Ward 9, Pct 1 35.71% 28.57% 35.71% Ward 9, Pct 2 68.00% 20.00% 12.00% Average for neighborhood 59.51% 16.30% 23.59% SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Gomez to Face Markey in Senate Election
A political newcomer will face a long-time Massachusetts politician in the race to be the Bay State’s next U.S. senator. The Associated Press has declared Republican businessman and former U.S. Navy SEAL Gabriel Gomez of Cohasset and Democratic U.S. Congressman Edward Markey of Malden the winners of their U.S. Senate special primary elections, according to tweets from Fox 25. The call for Gomez came approximately one hour after the polls closed in the statewide primary while a call for Markey came moments later. Gomez defeats his more seasoned opponents, former U.S. Attorney Michael Sullivan of Abington and state Rep. Dan Winslow of Norfolk. Markey beat fellow U.S. Congressman Stephen Lynch of South Boston. Brett Rhyne of Needham ran an unsuccessful bid as write-in candidate. The general election will be held June 25. South End Patch