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MOSTYN v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 12-P-1284.

83 Mass. App. Ct. 788 (2013)

JOHN MOSTYN, trustee, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Appeals Court of Massachusetts, Suffolk.

June 24, 2013.

Attorney(s) appearing for the Case

David L. Klebanoff for the plaintiff.

Suleyken D. Walker , Assistant Attorney General, for Department of Environmental Protection.

Justin Perrotta for Terry Milligan.

Present: MEADE, MILKEY, & HANLON, JJ.

MILKEY, J.

The Sea Pines Condominium Association (Sea Pines) owns a lengthy stretch of beach in Brewster. On a long-standing basis, members of the association have stored kayaks on a coastal dune there. Upland of the area where the kayaks were stored is property owned by the Lot 106-2 Dune Road Realty Trust, whose sole beneficiary is Joseph E. Corcoran.3 Corcoran objects to the kayaks...

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