WILSON v. COMMONWEALTH


413 Mass. 352 (1992)

597 N.E.2d 43

JOAN WILSON & others vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Barnstable.

August 11, 1992.


Attorney(s) appearing for the Case

Nicholas B. Soutter (Paul S. McGovern with him) for the plaintiffs.

Madelyn Morris, Assistant Attorney General, for the Commonwealth.

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

Richard S. Emmet, for Conservation Law Foundation, amicus curiae, submitted a brief.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.


WILKINS, J.

In January, 1987, a storm caused a breach in Nauset Beach off the coast of Chatham resulting, among other things, in the exposure of the coastline of portions of Chatham to higher tides and more destructive wave action than before the storm. Beginning in the fall of 1987, the plaintiffs and some of their Chatham neighbors, who owned property being eroded by the ocean, commenced law suits and administrative proceedings seeking permission to erect protective...

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