Legal Opinion
Pepin v. Division of Fisheries & Wildlife
Massachusetts Supreme Judicial Court
Decided February 18, 2014PublishedCited by 5 opinions
1Opinion of the CourtLenk, J.
William and Marlene Pepin (petitioners) own approximately thirty-six acres of land in Hampden.2 Their ability to construct a home on this land is restricted by the property’s delineation as a “priority habitat” for the eastern box turtle, a “species of special concern” under 321 Code Mass. Regs. § 10.90 (2012). The property has been so designated by the division of fisheries and wildlife (division), a unit of the Department of Fish and Game, pursuant to the implementing regulations of the Massachusetts Endangered Species Act, G. L. c. 131A, §§ 1-7 (MESA).
*212MESA authorizes the division to…
2Cases cited15 opinions
- Babbitt v. Sweet Home Chapter, Communities for Great Ore.Supreme Court of the United States · 1995
- Kobrin v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 2005
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- Borden, Inc. v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1983
- American Family Life Assurance Co. v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1983
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3Cited by5 opinions
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