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Coastal Zone

Coastal Zone (2)

Miramar Beach Dredged Spoils Case: SJC Elaborates Role of Regulatory Performance Standards

Written by / Published Thursday, 04 October 2018 16:44
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.

Neighbor's Claim to Own the Shoreline of a Filled Tidal Pond Rejected by Land Court

Written by / Published Wednesday, 15 February 2017 15:45
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.

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