Massachusetts Appeals Court October 10, 2003, No. 02-P-515 (Commonwealth v. Muise)

Dreben, J.

Relying on Fafard v. Conservation Commn. of Barnstable, 432 Mass. 194, 198-200 (2000), the defendant claims that the Gloucester waterways regulation under which he was convicted is invalid. He argues that “[a]bsent a grant of authority from the Commonwealth, a municipality may not claim powers to act on behalf of public trust rights.” Id. at 199.