Nutter
Update
04/07/21
Superior Court Decision Creates Uncertainty Concerning Municipal Harbor Plans
On April 1, 2021, the Superior Court issued a summary judgment decision in Katharine Armstrong, et al. v. Kathleen Theoharides, et al., which impacts coastal properties on previously filled tidelands and millions of square feet of buildings throughout the Commonwealth that were constructed, purchased, and financed in reliance on Chapter 91 licenses issued in conformance with municipal harbor plans. Absent the decision being overturned or legislative action to authorize the longstanding regulatory process for approval of municipal harbor plans, the Court’s decision creates significant uncertainty both for those properties already licensed pursuant to a municipal harbor plan and for those that are in the midst of their design and permitting processes.
