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Commonwealth v. Alger

Massachusetts Supreme Court

61 Mass. 53 (1851)

Relevant factsFree

Alger (defendant) built a wharf on tidal flats in front of his waterfront property, crossing a statutory line the legislature had drawn around Boston harbor to prevent riparian owners from erecting permanent structures beyond it, even though his particular wharf didn't actually obstruct navigation. The state indicted him for crossing the statutory line, and the trial judge referred the significant legal question to the Massachusetts Supreme Court.

IssueFree

Whether regulations that constrain private-property rights are a valid, enforceable exercise of legislative police power if reasonably necessary to protect the public welfare.

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