SJC: MIRAMAR PARK ASSOC. vs TOWN OF DENNIS

KeywordsBeach. Real Property, Beach. Environment, Coastal wetlands. Wetlands Protection Act. Regulation

The SJC today issued its decision in Miramar Park Association, Inc. v. Town of Dennis, in which it vacated adverse findings against the Town made in the Superior Court and vacated an injunction against the Town.  The dispute arose over whether ” the town of Dennis violated Massachusetts environmental regulations by requiring that materials dredged from the mouth of a tidal river be deposited on a publicly-owned beach, rather than on an adjacent, privately-owned beach.”  The lower court found it did and, among other things, ordered the Town to periodically re-dredge the river and to deposit the dredged material on the plaintiffs’ private beach..  The SJC found insufficient proof that the Town violated any wetlands law.  Congratulations to KP-Law  attorney and MMLA member Greg Corbo, Esq. for his successful representation of the Town of Dennis.    Click here for the full decision of the SJC.

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