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OYSTER CREEK PRESERVATION, INC. v. CONSERVATION COMMISSION OF HARWICH

449 Mass. 859 (2007)

OYSTER CREEK PRESERVATION, INC., & others v. CONSERVATION COMMISSION OF HARWICH.

Supreme Judicial Court of Massachusetts, Barnstable.

October 23, 2007.

Attorney(s) appearing for the Case

Mary L. Giorgio (Jeffrey T. Blake with her) for the defendant.

James H. Quirk, Jr. (Lisa DeBrosse Johnson with him) for Oyster Creek Preservation, Inc.

Peter J. Feuerbach & Amy E. Kwesell, for Henry E. Davidson & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, CORDY, & BOTSFORD, JJ.

BOTSFORD, J.

The principal issue in this case is the effect of a conservation commission's failure to issue its decision denying a requested order of conditions within the statutorily prescribed time period.2 The plaintiff Oyster Creek Preservation, Inc. (OCP), seeks permission to dredge Allen's Harbor Inlet, also called Oyster Creek (Oyster Creek), in the town of Harwich (town). On July 5, 2003...

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