RUTLAND v. FIFE


11 Mass. App. Ct. 341 (1981)

416 N.E.2d 518

TOWN OF RUTLAND vs. PHYLLIS H. FIFE.

Appeals Court of Massachusetts, Worcester.

February 13, 1981.


Attorney(s) appearing for the Case

Gregor I. McGregor for the defendant.

Francis J. Cranston, Town Counsel, for the plaintiff.

Francis X. Bellotti, Attorney General, Stephen M. Leonard & Malcolm Pittman, Assistant Attorneys General, for the Commonwealth, amicus curiae, submitted a brief.

Present: BROWN, PERRETTA, & KASS, JJ.


KASS, J.

In this appeal from a summary judgment entered in favor of Phyllis H. Fife, a landowner in Rutland, the town raises questions concerning the extent of the territorial jurisdiction of municipal conservation commissions under the Wetlands Protection Act, G.L.c. 131, § 40. The relevant facts are stipulated.

In 1973, Fife bought a lot containing approximately 2.4 acres adjoining Demond Pond in Rutland. During July of 1977, she submitted plans for...

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