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GOLDEN v. BOARD OF SELECTMEN OF FALMOUTH

358 Mass. 519 (1970)

265 N.E.2d 573

IRWIN M. GOLDEN vs. BOARD OF SELECTMEN OF FALMOUTH.

Supreme Judicial Court of Massachusetts, Barnstable.

December 30, 1970.

Attorney(s) appearing for the Case

Robert Clayton for the defendant.

George T. Shaw, for Conservation Law Foundation, Inc., amicus curiae, submitted a brief.

Present: TAURO, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.

KIRK, J.

This is a bill in equity brought by the plaintiff against the board of selectmen of the town of Falmouth (the board). The plaintiff is the owner of a tract of land in Falmouth extending from the edge of a pond through a tidal marsh to upland property. In May of 1967, pursuant to § 36 of the Falmouth zoning by-law, he applied to the board for a special permit to construct in the tidal marsh a twenty-four foot wide channel in which to dock his two boats...

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