Hamilton v. Conservation Commission of Orleans

The plaintiff wished to build a house on her land located on the shore of Cape Cod Bay in the town of Orleans. She filed a notice of her intent to do so with the defendant commission, as required under the Wetlands Protection Act, G. L. c. 131, § 40, as amended through St. 1977, c. 131. The commission denied permission to proceed with the work described in her notice of intent,- and she appealed to the Department of Environmental Quality Engineering (DEQE), which set numerous conditions on her plans to build. While of the belief that these conditions constituted a prohibition against…