Michael Leon and Sarah Turano-Flores Quoted on the SJC’s Ruling on Harbor Development Plans in Law360Print PDF
Michael Leon and Sarah Turano-Flores, partners in Nutter’s Real Estate Department, commented on how the Massachusetts Supreme Judicial Court upheld a state court judge's finding that the municipal harbor plans governing development in the coastal tidelands amounted to an unlawful delegation of authority by the state Department of Environmental Protection in Law360. In the article, “Mass. Top Court Upends Local Coastal Development Plans,” Sarah said she was disappointed that the opinion leaned heavier on caselaw than analysis of the underlying Waterways Act, known as Chapter 91. According to Michael, the legislature could alter the law to allow for the harbor planning process. He added that another possibility is for the Department of Environmental Protection to adopt the harbor plans within its own regulations.