Legal Opinion

Daddario v. Cape Cod Commission

Massachusetts Supreme Judicial Court

Decided July 11, 1997PublishedCited by 17 opinions

1Opinion of the CourtLynch, J.

The plaintiff filed an action in the Land Court against the Cape Cod Commission (commission), pursuant to St. 1989, c. 716, An Act establishing the Cape Cod Commission (act), seeking judicial review and declaratory relief from the denial of a development permit. The judge ruled that the commission’s decision constituted a taking under the State and Federal Constitutions, and pursuant to § 13 (/) of the act, ordered the commission to approve the plaintiff’s development. We granted the commission’s application for direct appellate review, and now vacate the decision of the Land Court.

The judge…

2Cases cited17 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  4. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

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3Cited by17 opinions

  1. W. R. Grace & Co.-Conn. v. City Council of CambridgeMassachusetts Appeals Court · 2002
  2. Daddario v. Cape Cod CommissionMassachusetts Appeals Court · 2002
  3. Fitchburg Gas & Electric Light Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 2014
  4. Commonwealth v. BlairMassachusetts Appeals Court · 2004
  5. Blair v. Department of Conservation & RecreationMassachusetts Supreme Judicial Court · 2010

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