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AQUACULTURAL RESEARCH CORPORATION v. AUSTIN

14-P-1650.

88 Mass. App. Ct. 631 (2015)

AQUACULTURAL RESEARCH CORPORATION & another v. ROSEMARIE AUSTIN & another.

Appeals Court of Massachusetts, Barnstable.

November 9, 2015.

Attorney(s) appearing for the Case

Matthew L. McGinnis for Old Kings Highway regional historic district commission.

Michele E. Randazzo for the intervener.

Bruce P. Gilmore , for town of Yarmouth, amicus curiae, submitted a brief.

Present: KAFKER, C.J., KATZMANN, & RUBIN, JJ.

The primary issue presented in this appeal is the proper application of mootness principles. In particular, we first must decide whether a legal challenge to a permitting process for a wind turbine is mooted by a conservation restriction precluding the construction of the wind turbine. If so, we then must decide the status of the unreviewed...

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