Aqua King Fishery, LLC v. Conservation Commission of Provincetown (Lawyers Weekly No. 11-081-17)
Municipal wetlands by-law prohibiting hydraulic dredging for sea clams is invalid; Wetlands Protection Act nonetheless applies to the fishing operation.
Appeals Court Opinions
Commonwealth v. Saywhan (Lawyers Weekly No. 11-080-17)
Protective sweep of upstairs bedroom during arrest warrant execution was unconstitutional despite violent crime, where defendant was handcuffed, cooperative, and no evidence suggested others in home.
Chamberland v. Arbella Mutual Insurance Company (Lawyers Weekly No. 11-077-17)
Underinsured motorist carrier did not waive arbitration right by waiting until insured's underlying action concluded. Collateral estoppel does not apply where policy requires arbitration.
Lizardo v. Ortega (Lawyers Weekly No. 11-078-17)
Father's retroactive disability payment treated as single lump-sum distribution subject to federal sixty-five percent garnishment limit; additional payment to mother reversed as excessive.
Chamberland v. Arbella Mutual Insurance Company (Lawyers Weekly No. 11-077-17)
Underinsured motorist insurer did not waive arbitration rights by waiting until insured's lawsuit against tortfeasor concluded before demanding arbitration of coverage dispute.
Roth v. Newpol, et al. (Lawyers Weekly No. 11-069-17)
Residuary clause disposing of "any monies remaining in my estate" did not include testator's one-half interest in real property; interest passed by intestate succession.
Commonwealth v. Aguiar do Nascimento (Lawyers Weekly No. 11-074-17)
Amended statute prohibiting secret videotaping of clothed intimate parts applies in public places when reasonable expectation of privacy exists.
Commonwealth v. Lewis (Lawyers Weekly No. 11-075-17)
Defendant convicted of rape and assault and battery. Affirmed. Trial court properly admitted two first complaint witnesses describing victim's separate disclosures of distinct incidents on different dates.
Commonwealth v. Nelson (Lawyers Weekly No. 11-073-17)
Trial judge properly seated juror who stated slight bias toward police testimony but assured impartiality. Defendant's failure to use available peremptory challenge on juror and acceptance of jury panel precluded reversal.
Commonwealth v, Davis (Lawyers Weekly No. 11-072-17)
Defendant's rule 36 speedy trial motion granted where court congestion delays occurred despite his objections and Commonwealth's readiness for trial.