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DUBUQUE v. CONSERVATION COMMISSION OF BARNSTABLE

No. 01-P-1152.

58 Mass. App. Ct. 824 (2003)

PHILIP DUBUQUE & another v. CONSERVATION COMMISSION OF BARNSTABLE.

Court of Appeals of Massachusetts, Barnstable.

August 18, 2003.

Attorney(s) appearing for the Case

T. David Houghton, Assistant Town Attorney, for the defendant.

Jeffrey P. Allen (Lana Wolfson Sullivan with him) for the plaintiffs.

Present: PORADA, KAPLAN, & CYPHER, JJ.

KAPLAN, J.

The applicants (plaintiffs in this certiorari action) sought permission of the Conservation Commission of Barnstable (commission) to build a structure including a pier in an inlet in waters leading to Nantucket Sound. After a public hearing, the commission denied the application with findings. The applicants brought an action in the nature of certiorari in the Superior Court. That court reversed the commission...

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