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HOME BUILDERS ASSOCIATION OF CAPE COD, INC. v. CAPE COD COMMISSION

441 Mass. 724 (2004)

HOME BUILDERS ASSOCIATION OF CAPE COD, INC., & another v. CAPE COD COMMISSION & others.

Supreme Judicial Court of Massachusetts, Barnstable.

May 19, 2004.

Attorney(s) appearing for the Case

Robert D. Smith, Town Counsel (Ruth J. Weil, Assistant Town Counsel with him) for town of Barnstable & another.

Eric W. Wodlinger (Jennifer A. Jester with him) for Cape Cod Commission.

E. James Veara for the plaintiffs.

The following submitted briefs for amici curiae:

Ronald H. Rappaport & Michael A. Goldsmith for town of Aquinnah.

John A. Pike for Massachusetts Municipal Association.

James J. Decoulos, pro se.

Present: GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

GREANEY, J.

We transferred this case here on our own motion to decide whether a district of critical planning concern (DCPC), comprising the entire town of Barnstable (Barnstable DCPC), is valid under St. 1989, c. 716, "An Act establishing the Cape Cod commission" (Act). A DCPC is, essentially, a land use planning device that in this case was used to establish a rate of development in a Cape Cod municipality in order to preserve certain resources pursuant to a complex...

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