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PEPIN v. DIVISION OF FISHERIES AND WILDLIFE

SJC-11332

467 Mass. 210 (2014)

WILLIAM PEPIN & another v. DIVISION OF FISHERIES AND WILDLIFE.

Supreme Judicial Court of Massachusetts, Hampden.

February 18, 2014.

Attorney(s) appearing for the Case

William J. Murray for the plaintiffs.

Matthew C. Ireland , Assistant Attorney General, for the defendant.

The following submitted briefs for amici curiae:

Damien M. Schiff & Jonathan Wood , of California, & Donald R. Pinto, Jr. , for Pacific Legal Foundation.

Jason C. Rylander & Michael P. Senatore , of the District of Columbia, for Defenders of Wildlife & another.

Jeffrey B. Augello & David S. Jaffe , of the District of Columbia, for National Association of Home Builders.

Douglas H. Hallward-Driemeier , Jacob Scott , Jacob M. Heller , & Kevin P. Budris for Massachusetts Audubon Society & others.

Paul Peter Nicolai for Economic Development Council of Western Massachusetts & another.

Benjamin Fierro, III , for Home Builders Association of Massachusetts, Inc.

Ann M. Risso for Nature Conservancy.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

William and Marlene Pepin (petitioners) own approximately thirty-six acres of land in Hampden.2 Their ability to construct a home on this land is restricted by the property's delineation as a "priority habitat" for the eastern box turtle, a "species of special concern" under 321 Code Mass. Regs. § 10.90 (2012). The property has been so designated by the division of fisheries and wildlife (division), a unit of the Department...

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