Stone-Ashe v. Department of Environmental Protection

The plaintiff, Wendy Stone-Ashe, trustee of the Stone- Ashe Realty Trust, 3 appeals from a Superior Court judgment that affirmed a final decision of the Commissioner (commissioner) of the Department of Environmental Protection (department), which concluded that a seawall on the plaintiff’s property lies seaward of the historic high water mark and, therefore, is under the jurisdiction of the department and subject to public rights pursuant to G. L. c. 91. Substantially for the reasons stated in the decisions of the commissioner and the Superior Court judge, we affirm.

Background. 1. Statutory…