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CUMMINGS PROPERTIES, LLC v. CONSERVATION COMMISSION OF BEVERLY

No. 14-P-45.

87 Mass. App. Ct. 1116 (2015)

CUMMINGS PROPERTIES, LLC, & another v. CONSERVATION COMMISSION OF BEVERLY.

Appeals Court of Massachusetts.

April 24, 2015.

Decision Pursuant to Rule 1:28.

Insofar as the judgment dismisses the plaintiffs' complaint with respect to Pools 1, 2, and 3 and the zones surrounding them, the judgment is vacated, and an order shall enter remanding the matter to the commission for further proceedings consistent with the Appeals Court's interpretation of § III.A.2.a of Beverly's wetlands protection regulations. In all other respects the judgment...

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