BUILDING INSPECTOR OF AQUINNAH v. WAMPANOAG AQUINNAH SHELLFISH HATCHERY CORP.


443 Mass. 1 (2004)

BUILDING INSPECTOR AND ZONING OFFICER OF AQUINNAH & others v. WAMPANOAG AQUINNAH SHELLFISH HATCHERY CORPORATION & another.

Supreme Judicial Court of Massachusetts, Dukes.

December 9, 2004.


Attorney(s) appearing for the Case

James L. Quarles, III, for the plaintiffs.

Michael S. Nuesse for UMB Bank.

Thomas A. Barnico, Assistant Attorney General, for the Commonwealth.

Douglas J. Luckerman (David Kaplan & Nicole Friederichs with him) for the defendants.

Eric W. Wodlinger & Johanna W. Schneider, for Martha's Vineyard Commission & others, amici curiae, submitted a brief.

Present: MARSHALL., C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.


GREANEY, J.

We granted an application for direct appellate review to determine whether the defendants, Wampanoag Aquinnah Shellfish Hatchery Corporation (Hatchery) and Wampanoag Tribal Council of Gay Head, Inc. (Tribe), may properly invoke a claim of sovereign immunity to evade a zoning enforcement action and, ultimately, compliance with local permitting requirements. The case concerns the construction of a shed and a pier platform on real property known as the Cook...

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