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CONSERVATION LAW v. DIRECTOR OF DIV. OF WATER

22 Mass. App. Ct. 544 (1986)

495 N.E.2d 848

CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC. & others vs. DIRECTOR OF THE DIVISION OF WATER POLLUTION CONTROL IN THE DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING & others.

Appeals Court of Massachusetts, Suffolk.

July 23, 1986.

Attorney(s) appearing for the Case

Armond Cohen of the District of Columbia (Peter Shelley with him) for the plaintiffs.

Anne Rogers, Special Assistant Attorney General, for Director of the Division of Water Pollution Control in the Department of Environmental Quality Engineering & another.

Stephen H. Oleskey (Stephen A. Jonas with him) for New England Mutual Life Insurance Company & another.

Present: GREANEY, C.J., DREBEN, & PERRETTA, JJ.

GREANEY, C.J.

Originally a tidal backwash separating the Boston peninsula along its western border from the town of Brookline, the Back Bay area of Boston, in the late Nineteenth Century, was made the object of extensive land reclamation that ultimately yielded over 450 acres of dry usable land. The area, roughly described, has Commonwealth Avenue as its spine, the Boston Public Garden as its eastern boundary and the Charlesgate at its western end. It is now home...

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