On August 20, 2018 the Supreme Judicial Court issued a decision in Miramar Park Association, Inc. & Others, v. Town of Dennis, considering whether the Town of Dennis violated state environmental regulations by not depositing the spoils from a river-dredging project on a private beach. Yes, it’s as convoluted as it sounds.

Published in Coastal Zone

Following a two day trial, Hon. Robert Foster of the Land Court recently rejected an abutter’s claim to the portion of a Falmouth family’s lot where they plan to build an addition to their seasonal cottage. The Court found that the presumption of land ownership to low water, derived by the Colonial Ordinances, did not apply. The Court invoked the doctrine of adverse possession by color of title to find for the Falmouth family on an alternative claim.

Published in Coastal Zone

We successfully resolved enforcement actions taken by the local conservation commission as well as DEP under the Wetlands Protection Act and Chapter 91 against our client cottage owner in Southeastern Massachusetts for a pier allegedly constructed larger than permitted.

We negotiated validation of the pier construction and associated grading, mitigation and restoration of the affected area, reduction in the proposed monetary penalties, and modifications to make the structure stronger to face coastal storms. The matter was successfully resolved.

Published in Featured Cases