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Featured Cases

Examples of cases we have successfully managed for our clients.

Brooks Pond Association Case Settles Ownership Challenge Featured

Brooks Pond Association Case Settles Ownership Challenge
We won a judgment after Superior Court trial establishing our client Brooks Pond Association, Inc. as owner of a180-acre pond in four towns near Worcester and the right to make and enforce regulations for use of pond.
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Falmouth, MA Home Rule Wetlands Bylaw-Related Defense Featured

Falmouth, MA Home Rule Wetlands Bylaw-Related Defense
We successfully defended a Cape Cod coastal homeowner from challenges by his neighbor to his state and local wetlands permits for home expansion on his waterfront lot, in the Town of Falmouth, which has a particularly comprehensive local Home Rule wetlands bylaw and Conservation Commission regulations, on a lot surrounded by wetland Resource Areas. We successfully defended these permits through an adjudicatory hearing at DEP under the Wetlands Protection Act and in Superior Court and the Appeals Court under the…
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Litigation to Clear Way For Berkshire's Hoosac Wind Farm Featured

Litigation to Clear Way For Berkshire's Hoosac Wind Farm
We obtained for our client wind farm developer, after seven years of litigation, a decision from the Supreme Judicial Court, favorable in all respects, denying on the merits an appeal by citizen groups under the Wetland Protection Act and allowing our client’s wind turbine project (known as Hoosac Wind) to be built on Crum Hill in Munroe, MA and Bakke Mountain in Florida, MA (in the Berkshires). Ten Local Citizen Group v. New England Wind, LLC. This ruling, concluding numerous…
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Denials Overturned After Cape Cod Wetlands Permits Expired Featured

Denials Overturned After Cape Cod Wetlands Permits Expired
We represented a Cape Cod homeowner whose wetlands permits had expired before he had completed the historic renovation of his cottage and landscaping of his property with pool and plantings.. The local conservation commission had refused to grant permit extensions and yet denied – twice – the new application it purportedly required for the owner to finish his project. We obtained an order in Superior Court, upheld in the Appeals Court, overturning the Commission’s two denials, eventually mandating that the…
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Overturned Denial of Proposed Pond Management Plan Featured

Overturned Denial of Proposed Pond Management Plan
We successfully overturned the Chatham Conservation Commission’s denial of a pond management plan proposed by our client, the Fox Run Property Owners, Inc. whose homes abut the privately owned pond suffering from advanced aquatic weed growth. We prevailed in two separate appeals, winning approval from the DEP under the state Wetlands Protection Act, and settling litigation in Superior Court calling for the Commission’s approval of the project, as had been initially proposed, under Chatham’s Wetlands Protection Bylaw. Our evidence included…
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Conservation Commission Enforcement Actions Resolved Successfully in Southeastern Massachusetts Pier Case Featured

The finished pier, validated, re-graded, reduced penalties, and the area restored.
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.
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