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HAMILTON v. CONSERVATION COMMISSION OF ORLEANS

12 Mass. App. Ct. 359 (1981)

425 N.E.2d 358

KATHERINE M. HAMILTON vs. CONSERVATION COMMISSION OF ORLEANS & another.

Appeals Court of Massachusetts, Barnstable.

August 21, 1981.

Attorney(s) appearing for the Case

Daniel J. Fern for the plaintiff.

Lawrence O. Spaulding, Jr., for the defendants.

Present: ARMSTRONG, PERRETTA, & DREBEN, JJ.

PERRETTA, J.

The plaintiff wished to build a house on her land located on the shore of Cape Cod Bay in the town of Orleans. She filed a notice of her intent to do so with the defendant commission, as required under the Wetlands Protection Act, G.L.c. 131, § 40, as amended through St. 1977, c. 131. The commission denied permission to proceed with the work described in her notice of intent, and she appealed to the Department of Environmental Quality Engineering...

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