Moskow v. Commissioner of Environmental Management

The Commissioner of Environmental Management (Commissioner) appeals from a judgment which held that a restrictive order issued pursuant to G. L. c. 131, § 40A (Inland Wetlands Act), was the “equivalent of a taking.” We granted the Commissioner’s application for direct appellate review. We reverse.

We summarize the judge’s findings of fact. The plaintiff owns approximately 297,000 square feet of undeveloped land in Newton (parcel). The judge found that approximately 55% of the parcel (area 17) is inland wetland, because its vegetation and muck soil are typical of that found in such areas. The…