Natural Resources

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Natural Resources

Revisiting the Leading Massachusetts Cases on Article 97 Park and Open Space Protection: Mahajan and Westfield

Written by Luke H. Legere, Esq. / Published Monday, 29 November 2021 16:13

We remind ourselves of the seminal decision in Mahajan v. DEP, 464 Mass. 604 (2013) – in which the Supreme Judicial Court (SJC) reversed and remanded a Superior Court decision that Article 97 applied to Long Wharf in Boston – in light of the SJC’s more recent ruling in Smith v. City of Westfield, 478 Mass. 49 (2017).

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Article 97

Mcgregor Legere & Stevens Plays Amicus Role in Recent Westfield SJC Ruling on Parkland Protection

Written by Gregor I. McGregor, Esq. / Published Monday, 02 October 2017 15:28

In an unequivocal victory for environmentalists and proponents of open space and outdoor recreation, the MA Supreme Judicial Court has ruled that Article 97 protection may be triggered for municipal land without formally recording a deed, conservation restriction, or other instrument in the chain of title. Article 97, enacted by the voters in 1972, is an important element of the state's Public Trust Doctrine protecting public land and water areas.

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