I don’t understand… how is it that Cohasset can get control over another town? How is this possible, it seems like this must be illegal
The Acts of 1953 give limited governance to the waters in the greater “Cohasset Harbor (and cove)” This is water owned by the commonwealth. The act provides for oversight and governance for the purposes of safety and conservation, and nothing else.
You are talking Cohasset Harbor, but what about the Briggs Harbor, or the part of the harbor that is on the Scituate side, which does not even have a name?
As far back as can be found, every chart, navigation aid, be it private, government or state, has called the area between Whitehead and the Glades, Bassing Beach and the Ledges, “Cohasset Harbor” Here is a chart from the organization that existed before NOAA from 1948. Here is the modern NOAA chart , 13269. It is the same.
Does this bylaw hurt lobstermen? They have a hard enough time as it is.
No, lobstermen are not impacted by the bylaw. They are exempt in the Bylaw.
What happened with the Cohasset Harbor Bylaw?
The Cohasset Harbor bylaw was approved by over 90% of the voters at Town Meeting.
However, the bylaw was invalidated by the Attorney General.
Under Massachusetts law, the Attorney General must review bylaws passed at Town Meeting. The Attorney General’s review is narrow and well defined. Pursuant to M.G.L. c. 40, § 32, the Attorney General’s role is limited to determining whether a bylaw is consistent with the Constitution and the laws of the Commonwealth. The Attorney General is not permitted to second‑guess policy judgments made by local voters.
In this case, the Attorney General invalidated the bylaw adopted at Town Meeting. Friends of Bassing Beach filed suit in Norfolk Superior Court because we believe the Attorney General exceeded her legal authority by rejecting the bylaw based on policy considerations, rather than on its legality.
That case was dismissed before the merits could be heard. The trial court ruled that citizens lack standing to sue to enforce a bylaw lawfully adopted by Town Meeting—even where the Attorney General is alleged to have acted outside the limits of her statutory authority. As a result, we were denied the opportunity to prove that the bylaw was rejected for impermissible reasons.
We appealed that decision. The Massachusetts Supreme Judicial Court has agreed to hear our appeal to address a fundamental question: whether citizens who follow the democratic process may seek judicial review when the Attorney General declines to approve a bylaw on grounds beyond her lawful authority.
The Cohasset Select Board had also brought suit to enforce the bylaw. However, after Friends of Bassing Beach was dismissed from the case, the Select Board withdrew its challenge and entered into a private agreement with Scituate. That agreement leaves the oyster farms in place, with the potential for future expansion.
This appeal is about whether local voters—and the laws they adopt—are entitled to meaningful legal review.