Legal Opinion

Hertz v. Secretary of the Executive Office of Energy & Environmental Affairs

Massachusetts Appeals Court

Decided February 27, 2009No. 07-P-1717PublishedCited by 3 opinions

1Opinion of the CourtDreben, J.

The plaintiffs, unit owners or residents of the Strada 234 Condominium on Causeway Street in Boston, challenge the approval by the Secretary of the Executive Office of Energy and Environmental Affairs (Secretary) of the 2006 amendment to the municipal harbor plan for the city of Boston, which had previously been amended in 1999 (the 1999 plan). The 2006 amendment permits the development of Lovejoy Wharf (which abuts the plaintiffs’ property) and authorizes two buildings of a height which the plaintiffs claim will directly block the light, air, and visual benefits of their property; will…

2Cases cited3 opinions

  1. Enos v. Secretary of Environmental AffairsMassachusetts Supreme Judicial Court · 2000
  2. Weston Forest & Trail Ass'n v. FishmanMassachusetts Appeals Court · 2006
  3. Higgins v. Department of Environmental ProtectionMassachusetts Appeals Court · 2005

3Cited by3 opinions

  1. Kelley v. Cambridge Historical CommissionMassachusetts Appeals Court · 2013
  2. James Lyons v. Secretary of State William Galvin, Clerk of the House Timothy Carrol, Clerk of the Senate Michael Hurley, and Attorney General Andrea Campbell, in Their Official CapacitiesMassachusetts Superior Court · 2025
  3. Vanguard Construction Company, Inc. v. City of Lawrence, Massachusetts Commercial Masonry Corporation v. Vanguard Construction Company, Inc.; North American Specialty Insurance Company; And the City of LawrenceMassachusetts Superior Court · 2026

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