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DADDARIO v. CAPE COD COMMISSION

425 Mass. 411 (1997)

FRANCIS E. DADDARIO v. CAPE COD COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

July 11, 1997.

Attorney(s) appearing for the Case

Eric W. Wodlinger (H. Hamilton Hackney III with him) for the defendant.

V. Douglas Errico (Thomas O. Moriarty with him) for the plaintiff.

The following submitted briefs for amici curiae:

Paul W. Edmondson, Elizabeth S. Merritt, & Laura Nelson, of the District of Columbia, & Jerold S. Kayden, for the National Trust for Historic Preservation in the United States.

Jeffrey M. Bernstein & Kenneth L. Kimmell for the Association for the Preservation of Cape Cod, Inc., & others.

Scott Harsbarger, Attorney General, & Madelyn Morris, Assistant Attorney General, for the Commonwealth.

R. Jeffrey Lyman for the Massachusetts Audubon Society & another.

Present: WILKINS, C.J., ABRAMS, LYNCH, & FRIED, JJ.

LYNCH, J.

The plaintiff filed an action in the Land Court against the Cape Cod Commission (commission), pursuant to St. 1989, c. 716, An Act establishing the Cape Cod Commission (act), seeking judicial review and declaratory relief from the denial of a development permit. The judge ruled that the commission's decision constituted a taking under the State and Federal Constitutions, and pursuant to § 13 (f) of the act, ordered the commission to approve the...

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