Chandler v. County Comm’rs of Nantucket, 437 Mass. 430, 772 N.E.2d 578 (2002).

In 2000, the Nantucket County Commissioners took sixteen private roads as public “highways” under the Massachusetts highway statute. The Commissioners had no intention to pave or improve the roadways, but rather had the expressed intent to provide public beach access and to preserve open space. The taking of highways is far easier and quicker than the taking of land for park and conservation purposes. The affected property owners sued in Superior Court, arguing that the taking was unlawful, because the meaning of “highway” does not extend to roads that do not provide vehicular access. The Commissioners argued that they had broad discretion to apply the highway statute. The Superior Court affirmed the County’s decision, and the Supreme Judicial Court took the case for direct appellate review. NELF supported the property owners and argued that there are statutes expressly authorizing the taking of open space for conservation purposes, which provide greater protection for property owners than the highway statute. A county cannot contravene the will of the Legislature by effecting a taking of open space under the guise of the highway statute. The SJC ruled in favor of the property owners, holding that the highway statute authorizes takings solely to facilitate travel through the construction or improvement of roadways. Since the Commissioners had no intention to construct or improve any roadway, the Court concluded that their action was invalid, and vacated the taking.