Mass. Enviro Dept. Must Rethink Condo License Ruling

Law360 (July 31, 2020, 9:33 PM EDT) -- The Massachusetts Appeals Court upheld a ruling Friday vacating a state Department of Environmental Protection's order for a condominium unit in Boston's wharf area to obtain a new license to change from commercial to residential units.

The appellate panel agreed with a superior court judge, finding that the owners of certain units in the condominium were entitled to, but not allowed to, participate in the process. The Commercial Wharf East Condominium Association argued that the administrative process was flawed from the get-go, and the panel agreed.

The matter began as a result of a 2011 request for determination of applicability filed...

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