RODGERS v. CONSERVATION COMMISSION OF BARNSTABLE

No. 05-P-778.

67 Mass. App. Ct. 200 (2006)

CHARLES RODGERS & another vs. CONSERVATION COMMISSION OF BARNSTABLE & another.

Appeals Court of Massachusetts, Barnstable.

August 24, 2006.


Attorney(s) appearing for the Case

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

Robert S. Troy for the plaintiffs.

Present: GREENBERG, DUFFLY, & & KAFKER, JJ.


GREENBERG, J.

The conservation commission of Barnstable (commission), on the ground that the plaintiffs' proposed permanent pier interfered with recreational shellfishing, declined to issue an order of conditions authorizing its construction. The commission's decision was based on G. L. c. 131, § 40, the State Wetlands Protection Act, and art. 27 of the Barnstable Wetlands Protection By-law (by-law). On review...

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