Cassidy v. Commissioner of Environmental Management

The plaintiffs, owners of farms in Millis, brought two actions pursuant to the fifth paragraph of G. L. c. 131, § 40A (inserted by St. 1972, c. 782), to determine whether an order regulating the use of inland wetlands in Millis, which was issued by the defendant Commissioner of Environmental Management (commissioner) under authority granted by § 40A and which the defendant selectmen of Millis voted to approve, so restricts the plaintiffs’ use of their properties as to constitute the equivalent of a taking without compensation. The two cases were consolidated. A judge of the Superior Court…