REGAN v. CONSERVATION COMMISSION OF FALMOUTH

No. 09-P-391.

77 Mass. App. Ct. 485 (2010)

THOMAS REGAN & another v. CONSERVATION COMMISSION OF FALMOUTH.

Appeals Court of Massachusetts, Barnstable.

August 26, 2010.


Attorney(s) appearing for the Case

Brian J. Wall for the plaintiffs.

Patricia A. Harris for the defendant.

Present: LENK, BROWN, & GRAHAM, JJ.


BROWN, J.

The plaintiffs, owners of waterfront property in Falmouth (town), filed a notice of intent and an application for a variance with the town's conservation commission (commission) seeking permission to construct a timber pier, ramp, and floating dock. The commission issued its decision denying the application one day late. The plaintiffs appealed the decision to the Superior Court and sought a superseding order of conditions from the Department of Environmental...

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