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DeGRACE v. CONSERVATION COMMISSION OF HARWICH

No. 89-P-1339.

31 Mass. App. Ct. 132 (1991)

575 N.E.2d 373

JOSEPH DeGRACE & another vs. CONSERVATION COMMISSION OF HARWICH.

Appeals Court of Massachusetts, Barnstable.

July 29, 1991.

Attorney(s) appearing for the Case

Gary V. Nichols for the plaintiffs.

James M. Falla, Town Counsel, for the defendant.

Present: BROWN, GILLERMAN, & LAURENCE, JJ.

BROWN, J.

The plaintiffs, who are husband and wife, purchased a lot in the town of Harwich in the early 1970's with the intention of building their retirement home there when Joseph retired. In 1984, Joseph did retire and retained an engineering firm to design a house for the lot. A notice of intent to construct a dwelling was filed by the plaintiffs with the conservation commission of Harwich (commission), as required under the Wetlands Protection Act, G.L.c. 131...

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