Tag Archives: Conservation Commission

Appeals Court Revisits Adverse Possession of Undeveloped Land

The Massachusetts Appeals Court recently reviewed adverse possession of wild and wooded areas. In Paine v. Sexton, 88 Mass. App. Ct. 389 (2015), the Plaintiff campground operators asserted rights to property based on record title and adverse possession.  While it … Continue reading

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Courts Refine Immunity Under the Massachusetts Recreational Use Statute

Private landowners allowing public access to land should take note of recent court decisions which have refined the scope of the Recreational Use Statute, G.L. c. 21, § 17C (“Statute”).  The Massachusetts Legislature enacted the Statute in 1972 in response … Continue reading

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Appeals Court Sides with MassDEP in Brockton Power Plant Dispute

 In another example of Court deference to agency decisions, the Massachusetts Court of Appeals in Conservation Comm’n of Brockton v. Dept. of Envt’l Protection has upheld a MassDEP permit authorizing the construction of a 350 megawatt power plant near the … Continue reading

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