Massachusetts Superior Court May 29, 2002, No. 001420A (WRT Management Corp. v. Commonwealth, Division of Fisheries & Wildlife)

Bohn, J.

The plaintiff, WRT Management Corporation (“WRT”), brought an action seeking a declaration that the defendant, Commonwealth of Massachusetts Division of Fisheries and Wildlife (“Division”), has no statutory authority pursuant to the Massachusetts Endangered Species Act (“MESA”) to require WRT to obtain a “conservation and management permit” in connection with its plans to develop a golf