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STONE-ASHE v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 13-P-489.

86 Mass. App. Ct. 16 (2014)

WENDY STONE-ASHE, trustee, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Appeals Court of Massachusetts, Suffolk.

July 16, 2014.

Attorney(s) appearing for the Case

Richard A. Nylen, Jr. , for the plaintiff.

Jo Ann Shotwell Kaplan , Assistant Attorney General, for the defendants.

Present: TRAINOR, GRAHAM, & AGNES, JJ.

GRAHAM, J.

The plaintiff, Wendy Stone-Ashe, trustee of the Stone-Ashe Realty Trust,3 appeals from a Superior Court judgment that affirmed a final decision of the Commissioner (commissioner) of the Department of Environmental Protection (department), which concluded that a seawall on the plaintiff's property lies seaward of the historic high water mark and, therefore, is under the jurisdiction...

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