Lummis v. Lilly

385 Mass. 41, 429 N.E.2d 1146 (1982)

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Lummis v. Lilly

Massachusetts Supreme Judicial Court
385 Mass. 41, 429 N.E.2d 1146 (1982)

AR

Facts

Lilly (defendant) applied for a license to build a stone groin on his beachfront property. A groin was a structure that blocked sand drifting on the shore, thus adding sand to one beach while prohibiting replacement sand on another. Ultimately, the beach with the groin would widen, while the beach without one would narrow. Lummis (plaintiff), the neighboring beach owner, sued to have the groin removed. The court dismissed Lummis’s complaint through summary judgment. Lummis appealed, arguing that Lilly’s property was subject to the reasonable-use doctrine and courts had to take the elements of reasonable use into account when determining the lawful use of littoral property.

Rule of Law

Issue

Holding and Reasoning (Nolan, J.)

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