FAFARD v. CONSERVATION COMMISSION OF BARNSTABLE


432 Mass. 194 (2000)

MADLYN FAFARD, trustee, & another v. CONSERVATION COMMISSION OF BARNSTABLE.

Supreme Judicial Court of Massachusetts, Barnstable.

August 1, 2000.


Attorney(s) appearing for the Case

Stephen D. Anderson for the plaintiffs.

Robert D. Smith, Town Attorney, for the defendant.

The following submitted briefs for amici curiae:

John W. Spillane & Joseph W. Spillane for Massachusetts Marine Trades Association.

William L. Lahey & Kevin Batt for Waterways Users Association.

John A. Pike for Conservation Law Foundation & another.

James A. Toomey, Kristin B. Magendantz, & Thomas J. Urbelis for City Solicitors & Town Counsel Association.

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


ABRAMS, J.

The plaintiffs, Madlyn and Howard Fafard (Fafards), appeal from the Conservation Commission of Barnstable's (commission's) decision denying them permission to build a fixed pier on the Eel River. The commission grounded its decision on town bylaws and pier regulations that claim authority to protect "the interests of recreation and public trust rights."

Pursuant to G. L. c. 249, § 4, the plaintiffs sought review in the nature of certiorari...

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