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Massachusetts Agencies

Rights of Adjoining Owners


The case of Levine v. Black, 312 Mass. 242, 44 N.E.2d 774 (1942) discusses the question of adjoining owners and their respective rights in trees. The case is sort of like Marbury v. Madison, that landmark constitutional case, where Chief Justice Marshall, crafty jurist as he was, held that Marbury was entitled to his notarial commission issued by the prior administration but that the Supreme Court of the United States was without power to issue it to him, lacking original jurisdiction in a case for a writ of mandamus. In Levine, Justice Qua talks about the rights in trees but then decides that the court is without power to issue the requested injunction, because the damage has already been done. Kind of interesting how trees and the Constitution of the United States can cross paths!