Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Chatwood

Superior Court of Massachusetts, Suffolk

April 27, 2016

COMMONWEALTH OF MASSACHUSETTS, Plaintiff,
v.
ROBERT A. CHATWOOD and JAMES L. TOLMAN, Defendants

          Filed: May 2, 2016

          FOR THE COMMONWEALTH OF MASSACHUSETTS: MAURA HEALEY, ATTORNEY GENERAL, Carol Iancu, BBO No. 635626, Assistant Attorney General, Environmental Protection Division, Office of the Attorney General, Boston, MA.

          ROBERT A. CHATWOOD, Gloucester, MA.

          FINAL JUDGMENT BY CONSENT

         INTRODUCTION

         WHEREAS, Plaintiff, Commonwealth of Massachusetts, acting by and through the Attorney General and the Massachusetts Department of Environmental Protection (" MassDEP") filed a Complaint alleging that Defendants, Robert A. Chatwood (" Chatwood") and James L. Tolman (" Tolman") (collectively, " Defendants"), have violated the Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 (" Act"), the regulations promulgated thereunder, at 310 C.M.R. § § 10.00, et seq. (" Regulations"), and orders issued by MassDEP in relation to alleged unlawful alteration of wetlands at property located at 654R Essex Avenue, in Gloucester, Massachusetts (" Property");

         WHEREAS, the Complaint alleges that over a period of years when Chatwood owned the Property, he conducted numerous unauthorized activities on protected wetland resource areas at the Property, and those activities altered freshwater wetlands and intermittent stream bank;

         WHEREAS, the Complaint also alleges that after Tolman became owner of the Property on March 3, 2014, he suffered or allowed unauthorized activities in protected wetlands at the Property that altered wetlands;

         WHEREAS, the Commonwealth's Complaint seeks injunctive relief and the assessment of civil penalties;

         WHEREAS, the Defendants dispute allegations in the Complaint and do not admit liability for any violations alleged in the Complaint;

         WHEREAS, Chatwood has demonstrated to the Commonwealth that based on his income and resources he is unable to pay a civil penalty that the Commonwealth believes would otherwise be appropriate for the violations alleged in the Complaint;

         WHEREAS, the Commonwealth and Defendants (collectively, " Parties") have reached an agreement to resolve this case without any admission of liability for allegations in the Complaint;

         WHEREAS, the Parties consent to the entry of this Consent Judgment without a trial on any issues and agree that the entry of this Consent Judgment is an appropriate means to resolve this case; and

         WHEREAS, the Parties agree that the settlement of this Consent Judgment has been negotiated in good faith and at arm's length, that this settlement will avoid prolonged litigation between the Parties, and that this settlement is consistent with the goals of the Act and Regulations and is in the public interest;

         NOW, THEREFORE, based on the Joint Motion of the Parties for Entry of this Consent Judgment, and before taking any testimony and without the adjudication of any issue of fact or law except as provided in Section I (Jurisdiction and Venue), it is ADJUDGED, ORDERED, AND DECREED, as follows:

         I. JURISDICTION AND VENUE

         1. The Superior Court has jurisdiction over the subject matter of this action and over the parties to it pursuant to G.L. c. 131, § 40 and G.L. c. 214, § § 1 and 3. Venue is proper in Suffolk County pursuant to G. L. c. 223, § 5.

         2. The Complaint alleges facts, which, if proven, would constitute good and sufficient grounds for the relief set forth in this Consent Judgment.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.