Opinion
January 22, 2003
Further appellate review granted: Reported below: 56 Mass. App. Ct. 425 (2002). MME. Justice Cowin did not participate. The scope of further appellate review shall include, but not be limited to, the effect, if any, of the public trust doctrine — sometimes described as the Commonwealth's obligation to protect the navigability of waterways for the public's use — on the assessment by the Department of Environmental Protection of either tidewater displacement fees or tideland occupation fees.