Legal Opinion

Blair v. Massachusetts Department of Conservation & Recreation

Massachusetts Superior Court

Decided October 31, 2006No. WOCV200600308APublished

1Opinion of the Court

Agnes, Peter W., J.

I. INTRODUCTION

This is a civil action in which the plaintiffs, Clealand B. Blair and Nancy J. Blair, seek judicial review of the denial of a variance by the Department of Conservation and Recreation, and contend that the Massachusetts Watershed Management Act, G.L.c. 92A 1/2 and its regulations, 350 C.M.R. §§11.01-11.13, are unconstitutional in violation of Articles 10 and 49 of the Massachusetts Constitution.

The defendant, the Massachusetts Department of Conservation and Recreation, has filed a Motion to Dismiss the plaintiffs claims on the ground that those claims are…

2Cases cited23 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  5. Palazzolo v. Rhode IslandSupreme Court of the United States · 2001

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