Daddario v. Cape Cod Commission

The plaintiff, Francis E. Daddario, sought a permit to mine sand and gravel on thirty-two acres of a seventy acre parcel (locus) on Cape Cod. The Cape Cod Commission (commission), established by St. 1989, c. 716 (Act),1 and charged by the Legislature with regulating “developments of regional impact” (DRIs)2 on the Cape, denied the permit. Next, a judge of the Land Court ruled that the commission’s decision constituted a taking, but did not address the plaintiff’s other claims. The Supreme Judicial Court reversed the takings decision, relying on “both the Federal ripeness doctrine and…