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HOBBS BROOK FARM PROPERTY CO. LIMITED PARTNERSHIP v. CONSERVATION COMMISSION OF LINCOLN

No. 04-P-1168.

65 Mass. App. Ct. 142 (2005)

HOBBS BROOK FARM PROPERTY COMPANY LIMITED PARTNERSHIP v. CONSERVATION COMMISSION OF LINCOLN.

Appeals Court of Massachusetts, Middlesex.

November 22, 2005.

Attorney(s) appearing for the Case

Thomas J. Harrington for the defendant.

Thomas Frisardi for the plaintiff.

George A. Hall, Jr., for Massachusetts Association of Conservation Commissions, amicus curiae, submitted a brief.

Present: Laurence, Kafker, & Trainor, JJ.

KAFKER, J.

The issue presented in this case is whether the town of Lincoln's wetlands protection by-law (town by-law) governing this riverside project is more stringent than the applicable provisions of G. L. c. 131, § 40, the State Wetlands Protection Act (act). If the town by-law is more stringent, then the town conservation commission's (commission) denial of an order of conditions for the project pursuant to the by-law is

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