Chapter 91

Public Trust Doctrine – Mass. High Court Finds Municipal Harbor Plan Regulations Involve Unlawful Delegation of DEP Authority

July 15, 2022 by Paula Devereaux | Leave a Comment

In this April 2021 blog post we discussed the Superior Court’s decision in Armstrong vs. Theoharides.  Since then the Supreme Judicial Court (SJC) took the case on direct appellate review and earlier this week the SJC issued a decision (pdf) affirming the Superior Court.  The SJC found that the longstanding procedure for approving Municipal Harbor […]

Read more »

Chapter 91

Fate of Municipal Harbor Plans Thrown Into Question

April 19, 2021 by Paula Devereaux | Leave a Comment

The Superior Court’s April 1, 2021 decision in Armstrong v. Theoharides (pdf) was no April Fool’s joke and could have far-reaching consequences for Massachusetts waterfront development.  In a case against the Secretary of Energy and Environmental Affairs (EEA) brought by the Conservation Law Foundation and residents of the Harbor Towers condominium complex in Boston, the […]

Read more »

Chapter 91 Easements

Appeals Court Interprets Chapter 91 License as Extending Private Way Over Lawfully Filled Land

April 23, 2018 by Daniel Bailey | Leave a Comment

The Appeals Court’s recent decision in Maslow v. O’Connor at first glance appears straightforward. The holding reiterates a familiar tenet of Chapter 91 licensing – that a Chapter 91 license doesn’t affect pre-existing property rights. But the result is quirky: in the name of preserving access to tidelands, the court in effect extends a private […]

Read more »