Live and learn, state Rep. Geoff Diehl says.
Gabbie's Goodies is the chronicle of a start-up bon-bon shop in Hingham.
The Massachusetts Appeals Court ruled today that some families living on Hingham's Crow Point can continue to use a small beach that had been blocked off in 2004 by some other families closer to the water - decades after the entire neighborhood first began using the beach.
In its ruling, the court said a lower-court judge erred in siding with the blockers by incorrectly interpreting part of the Colonial Ordinance of 1641-1647, which codified what is still Massachusetts law on property rights of seaside residents.
At issue was whether the man who owned the land in the late 1800s could separate ownership of the "tidelands" directly next to the water - the beach - and the "uplands" a bit further inland in his will. The lower-court judge said that could not be done under the Colonial Ordinance, because you couldn't have tidelands without uplands, and that therefore the beach access his will granted to neighbors was invalid.
Au contraire, the appellate judges ruled:
In his reliance on the Colonial Ordinance for the conclusion that a landowner cannot own tidelands without ownership of abutting uplands, the judge appears to have applied a rule of construction that has developed from the Colonial Ordinance: in construing deeds of land adjacent to the sea, "[t]he 'presumption of law is, that title to the flats follows that of the upland on which they lie, and proof of title to the upland established a title to the flats.' ... '[A]n owner may separate his upland from his flats, by alienating the one, without the other. But such a conveyance is to be proved, not presumed, and therefore ordinarily proof of the title in the upland thus bounded carries with it evidence of title in the flats.' " ... However, as the quoted language makes clear, the principle is not absolute, and it is possible to sever tidelands from abutting uplands.
However, the ruling is only a victory for half the 24 families that sued - the court said the easement applied only to the 12 properties specifically covered by "an instrument executed by the trustee under the will of Samuel Downer, dated May 14, 1929."
Pair of surfers in the 38-degree water, on waves generated by the giant storm that just left.
Tim Kelley posted this video of the mess along the water in Scituate, has more details.
Channel 5 reports firefighters used inflatable boats to rescue at least seven people this morning.
Scott Eisen was at the Hingham Armory today when the 1058th Transportation Company of the National Guard returned home from Iraq.
Copyright Scott Eisen.
The Boston area's largest natural area is dying as an overpopulation of deer eat up plant species - which could also mean death to the other creatures that depend on them - Thomas J. Rawinski of the US Forest Service writes, in a report on a field trip to the reservation:
In essence, the forest is disintegrating. And because forests are defined by the dominance of trees, one must conclude that the forest at Chickatawbut Hill is dying, and has no hope of recovering unless the deer impact is lessened.
Abington Police report an absent-minded customer left an envelope containing $2,000 in cash at the service desk at the local Stop & Shop on
A tiny Cohasset craft brewer received a letter from the FDA essentially shutting down her business. She had been producing Moonshot caffeinated beer since 2004, reports the Quincy Patriot Ledger.
Christine Perkett, who used to be a loyal customer of McGee Toyota in Hanover, reports at least one manager there seems to think it's 1955 and his customers are idiots who can be bullied into signing contracts. He thinks wrong.
Gawker just posted a link to a truly appalling YouTube video supposedly secretly filmed by a postal carrier in Hingham as he's being verbally abused (and at one point, physically assaulted) by a middle-aged woman who honestly seems flat-out unhinged. Which of the local commentators will be the first to knock out a couple easy columns over it?
The Supreme Judicial Court ruled today that Joseph Nee was fairly convicted on a charge he conspired with other students at Marshfield High School to massacre students and teachers they didn't like.
Nee was convicted in 2008 and served nine months in state prison. In his appeal, Nee, son of Boston patrolmen's union President Thomas Nee, argued the verdict should be overturned because he had renounced his part in the plot by telling a Marshfield police officer about it before it could be carried out.
To preview your primary ballot for tomorrow, click on the link from the Secretary of State's website:
then enter your address and select a political party. It will show you what choices you'll have on tomorrow's primary ballot.
Here's why you never see a cat skeleton up a tree: The Animal Rescue League gets them down first. Here we see a technician saving Brisket, Jeff and Gretchen's cat, who'd been up a tree in Hingham for 26 hours:
Nantasket Beach wasn't exactly crowded around 2 p.m., but there were quite a few people there, from wetsuit-clad surfers to more casual body surfers and bathers to one guy with a metal detector. It was kind of windy, but not overwhelmingly so, and the waves for the most part were small to minuscule. Looking north toward the rest of Hull, you could see this cloud hugging the topography:
Here's something you don't see every day: A guy walking on water (OK, he was actually standing on a surfboard and was getting around by paddling):
As I was driving to the beach, it started raining a bit around 1:45 between the Fore and Back rivers. Afterwards, at a Panera in Hingham, I had just sat down when this little girl at the table next to me blurted out: "What if the hurricane started early and we were driving on the road and we DIED?!?"
The federal EPA announced today the MBTA has agreed to changes in fuels and idling procedures to reduce pollution at the Widett Circle layover facility in South Boston and the Greenbush line station in Scituate.
The T will also pay a $225,000 fine, the EPA says.