Legal Opinion

Martin v. Town of Wellfleet Conservation Commission

Massachusetts Superior Court

Decided May 4, 2009No. 07640Published

1Opinion of the Court

Connon, Richard F., J.

INTRODUCTION

The plaintiffs filed a complaint against the defendants in the nature of certiorari under G.L.c. 249, §4. This matter is before the court on the plaintiffs’ motion for judgment on the pleadings pursuant to Mass.R.Civ.P. 12(c). In opposing the motion, the Defendant Community Housing Resources, Inc. (“CHR”) has requested that plaintiffs’ complaint be dismissed on the grounds that they have no legal standing to bring this action. The Defendant Town of Wellfleet Conservation Commission (“the Commission”) has assented to CHR’s opposition.

Prior to the hearing on…

2Cases cited13 opinions

  1. Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
  2. Enos v. Secretary of Environmental AffairsMassachusetts Supreme Judicial Court · 2000
  3. T.D.J. Development Corp. v. Conservation CommissionMassachusetts Appeals Court · 1994
  4. Fafard v. Conservation Commission of ReadingMassachusetts Appeals Court · 1996
  5. Cotter v. City of ChelseaMassachusetts Supreme Judicial Court · 1952

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