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No Damages to Owner Whose Lot Is Unbuildable Due to Wetlands Regulations

When the Conservation Commission refused to permit the construction of a house on her residential lot in a Falmouth subdivision, Janice Smyth decided to take action and sought damages for a regulatory taking of her land under the U.S. Constitution and the Massachusetts Declaration of Rights. She was successful initially, recovering damages of $640,000. But, in Smyth v. Conservation Commission of Falmouth, the Appeals Court reversed the lower court’s decision.

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