stellarfun
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Tension member, assuming you are not trolling, but understand that the Harbor Towers buildings were built consistent with applicable law at the time (early 1970s).
This decision, link below, by the SJC in 1979, upset the applecart so to speak on development of the Boston harbor waterfront.
^^^ This is a seminal case in Massachusetts real property law. Excerpting from the decision,
From that decision evolved the development of municipal harbor plans, a primary purpose of which is to open up development of the waterfront beyond the public purpose for which use of the land was granted back in the founding days of the Massachusetts Bay Colony.
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With respect to North Point, a case which I have mentioned before, the SJC ruled that the DEP could not give a pass to development on tidelands simply because it did not have the resources to review an application for a license to develop such tidelands.
The legislature then passed a law declaring that a license was not necessary to develop the North Point tidelands.
The plaintiff in the first lawsuit was a gentleman named John Moot. He 'won' in the original case. When the legislature nullified his legal victory, he sued again, saying that the legislature exceeded its authority.
^^^ This ruling by the Supreme Judicial Court declared that the legislature did not exceed its authority, and the result is North Point as we have it today.
This decision, link below, by the SJC in 1979, upset the applecart so to speak on development of the Boston harbor waterfront.
Boston Waterfront Development Corp. v. Commonwealth
Boston Waterfront Development Corp. v. Commonwealth - 378 Mass. 629, 393 N.E.2d 356
law.justia.com
The essential import of this holding [by the SJC] is that the land in question [Lewis Wharf] is not, like ordinary private land held in fee simple absolute, subject to development at the sole whim of the owner, but it is impressed with a public trust, which gives the public's representatives an interest and responsibility in its development. This concept is difficult to describe in language in complete harmony with the language of the law ordinarily applied to privately owned property. We are not dealing with the allocation of property rights between private individuals when we are concerned with a public resource such as Boston Harbor.
We believe that the formulation adopted by the Appeals Court, appropriately expresses the intention underlying the grant made by the Lewis Wharf statutes, and we endorse it. We therefore hold that the BWDC has title to its property in fee simple, but subject to the condition subsequent that it be used for the public purpose for which it was granted.
From that decision evolved the development of municipal harbor plans, a primary purpose of which is to open up development of the waterfront beyond the public purpose for which use of the land was granted back in the founding days of the Massachusetts Bay Colony.
--------------
With respect to North Point, a case which I have mentioned before, the SJC ruled that the DEP could not give a pass to development on tidelands simply because it did not have the resources to review an application for a license to develop such tidelands.
The legislature then passed a law declaring that a license was not necessary to develop the North Point tidelands.
The plaintiff in the first lawsuit was a gentleman named John Moot. He 'won' in the original case. When the legislature nullified his legal victory, he sued again, saying that the legislature exceeded its authority.
JOHN MOOT vs. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.
JOHN MOOT vs. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others. - 456 Mass. 309
law.justia.com
^^^ This ruling by the Supreme Judicial Court declared that the legislature did not exceed its authority, and the result is North Point as we have it today.