South Shore

By - 7/26/11 - 11:18 am

The Supreme Judicial Court today told Luis Melendez-Diaz his precedent-setting case in Boston came too late to help him try to clean his record of another drug conviction on the South Shore.

In 2009, the Supreme Court ruled Melendez-Diaz's right to confront his accusers had been violated in his 2001 conviction in Boston because his lawyer could not cross-examine the lab technician who signed a certificate that the substance found in the car in which he was a passenger was cocaine.

By - 7/20/11 - 1:42 pm

Common Cause Massachusetts is hosting a Redistricting Olympics this summer. We will be taking citizen drawn Congressional, State House, and State Senate maps all summer, evaluating them, declaring a winner, giving out prizes and submitting the winning maps to the MA Legislative Redistricting Committee for consideration.

The purpose of the redistricting Olympics is threefold: to educate the public about the steps in the redistricting process, to initiate public participation in the political arena, and to pressure the legislature to draw the districts so that the citizens are appropriately represented.

By - 7/15/11 - 9:45 am

Close call at rail crossing

Commuting UHub correspondent Banshee took this picture this morning and filed this report:

By - 6/3/11 - 11:58 am

WantedHingham Police report they are looking for a guy who had a bit of trouble robbing a Bank of America branch last week:

By - 5/28/11 - 10:12 am

Channel 4 forecaster Joe Joyce reports on the turkey that crashed through a window and into his Cohasset home on Thursday:

It was like a rumble going on in the house. Bang, bang, lamps are crashing down like a big fight in the house.

The town animal control officer and an umbrella helped clear the bird from the house.

By - 5/21/11 - 11:46 am

World's End

Liz West took this photo of World's End in Hingham last fall.

World's End was once an island, but is now a gorgeous property maintained by the Trustees of Reservations. Landscaped by Frederick Law Olmsted, it consists of approximately 250 acres of paths, meadows, woodlands, and seascapes.

Visit World's End:

The retreating glacier helped create the geology of Boston Harbor, including the islands and the four spoon-shaped hills (called drumlins) that comprise World's End. This landscape also features saltwater marshes, meadows, woodlands, and granite ledges covered with red cedars and blueberry thickets.

Photo posted under this Creative Commons license.

By - 5/4/11 - 10:57 am

Cents guy Banks and stores south of Boston are being advised to watch out for a guy who puts pennies in dime wrappers and then trades them in for bills.

He's successfully pulled off his subterfuge in three banks and a Dunkin' Donuts, police say.

By - 4/20/11 - 4:00 pm

MBTA Transit Police report finding somebody with an apparent gunshot wound this afternoon. Two outbound Providence/Stoughton trains from South Station were delayed; service is back to normal otherwise.

By - 4/18/11 - 5:19 pm

A guard at MCI-Norfolk was arrested today on charges of possession of heroin with intent to distribute.

The US Attorney's office charges Ronald P. McGinn, Jr. was recorded telling and texting an undercover agent the specific amounts of heroin he planned to bring into the prison and sell to inmates. McGinn, a Bridgewater resident, was arrested with roughly 28 grams of heroin today, the US Attorney's office says.

Innocent, etc.

By - 4/11/11 - 10:54 am

The Supreme Judicial Court ruled today state environmental officials have the right to tell the owners of the Plymouth nuclear plant to take steps to protect fish and other animals from being sucked into the plant's cooling system.

State officials say they don't actually have any plans to order changes, but Entergy Nuclear Generation sued anyway, saying state law only gives the Department of Environmental Protection the right to regulate what comes out at the other end of the cooling process. A lower-court judge agreed, but the state's highest court said that was balderdash.

By - 4/11/11 - 10:41 am

NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. 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; [email protected]

ENTERGY NUCLEAR GENERATION COMPANY vs. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

No. SJC-10732.

February 7, 2011. - April 11, 2011.

Practice, Civil, Declaratory proceeding. Administrative Law, Agency's authority, Regulations. Department of Environmental Management. Federal Clean Water Act. Massachusetts Clean Waters Act. Statute, Construction.

CIVIL ACTION commenced in the Superior Court Department on January 26, 2007.

The case was heard by Raymond J. Brassard, J., on motions for summary judgment.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

By - 3/29/11 - 11:05 am

The Massachusetts Appeals Court ruled against the clothing chain today in a tax case involving a subsidiary at which nobody worked.

The Hingham-based Talbots set up a subsidiary in another state, loaned it more than $100 million, transferred certain intellectual assets to it, then tried to deduct the cost of royalties for use of that property.

But the subsidiary had no employees and all decisions were made at Talbots headquarters back here in Massachusetts, and that constitutes a legal "sham," the court ruled, adding it was not amused to learn that:

By - 3/26/11 - 1:29 pm

Gabbie's Goodies is the chronicle of a start-up bon-bon shop in Hingham.

By - 2/16/11 - 2:17 pm

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."

By - 2/3/11 - 7:50 pm

Pair of surfers in the 38-degree water, on waves generated by the giant storm that just left.

By - 12/27/10 - 1:04 pm

Tim Kelley posted this video of the mess along the water in Scituate, has more details.

By - 12/27/10 - 9:22 am

Channel 5 reports firefighters used inflatable boats to rescue at least seven people this morning.

By - 12/24/10 - 7:05 pm

Home for the holidays

Scott Eisen was at the Hingham Armory today when the 1058th Transportation Company of the National Guard returned home from Iraq.

Copyright Scott Eisen.