KENNIE v. NATURAL RESOURCE DEPARTMENT OF DENNIS


451 Mass. 754 (2008)

STEVEN KENNIE & another v. NATURAL RESOURCE DEPARTMENT OF DENNIS & another.

Supreme Judicial Court of Massachusetts, Barnstable.

July 10, 2008.


Attorney(s) appearing for the Case

Douglas H. Wilkins for the plaintiffs.

John J. Davis for Alan S. Marcy.

Leonard H. Kesten for Natural Resource Department of Dennis.

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


BOTSFORD, J.

The plaintiffs Steven R. Kennie and Julia Lane Hagen, husband and wife, own waterfront property on the Bass River in Dennis.3 This case, brought in part under the Massachusetts Civil Rights Act, G. L. c. 12, § 11I (Act), arises out of the plaintiffs' efforts to apply for and obtain an order of conditions (permit) from the conservation commission of Dennis (commission) in order to construct a pier and dock off the waterfront...

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