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MOSKOW v. COMMISSIONER OF ENVIRONMENTAL MANAGEMENT

384 Mass. 530 (1981)

427 N.E.2d 750

ABRAHAM MOSKOW vs. COMMISSIONER OF ENVIRONMENTAL MANAGEMENT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 4, 1981.

Attorney(s) appearing for the Case

Francis S. Wright, Special Assistant Attorney General, for the defendant.

John M. Reed for the plaintiff.

Gregor I. McGregor & Harlan M. Doliner for Massachusetts Association of Conservation Commissions, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

ABRAMS, J.

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."1 We granted the Commissioner's application for direct appellate review. We reverse.

We summarize the judge's findings of fact. The plaintiff owns approximately...

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