Regulatory Taking, Anyone?
A Cape Cod jury, after a scant one-hour deliberation, decided in favor of a Falmouth landowner who claimed that the Falmouth Conservation Commission’s refusal to grant variances from the Town’s Wetlands Protection Bylaw deprived her of all beneficial use of her property. The jury in Smyth v. Falmouth Conservation Commission and the Town of Falmouth awarded Ms. Smyth the full amount of the decrease in her waterfront property’s value. Successful regulatory takings cases are rare, and landowners and municipalities are sitting up and taking notice of this case.
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