BLAIR v. DEPARTMENT OF CONSERVATION AND RECREATION

SJC-10626.

457 Mass. 634 (2010)

CLEALAND B. BLAIR & others, v. DEPARTMENT OF CONSERVATION AND RECREATION.

Supreme Judicial Court of Massachusetts, Worcester.

August 26, 2010.


Attorney(s) appearing for the Case

George P. Kiritsy for the plaintiffs.

Seth Schofield, Assistant Attorney General, for the defendant.

The following submitted briefs for amici curiae:

Heather A. Walsh & Peter Shelley for Conservation Law Foundation.

Robert S. Mangiaratti & Thomas J. Urbelis for City Solicitors and Town Counsel Association.

Gregor I. McGregor & Luke H. Legere for Massachusetts Association of Conservation Commissions.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


COWIN, J.

The Watershed Management Act, G. L. c. 92A½, §§ 1-20 (Act), is designed to protect certain water systems that are critical to the public water supply. The plaintiffs1 own lakefront property located within a 200-foot buffer zone created by the Act for land abutting particular sources of drinking water. Pursuant to G. L. c. 92A½, § 5, alterations within that buffer zone are prohibited unless a variance...

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