Comstock v. Abodeely

I. Introduction

The plaintiff, Henry Comstock, trustee of Wingaway Trust (“Comstock”), brought this action in the nature of certiorari, pursuant to G.L.c. 249, §4, seeking judicial review of the defendant Barnstable Conservation Commission’s (the “Commission”) denial of Comstock’s application for an Order of Conditions to construct a pier at its properly located at 305 Baxter Neck Road in Cotuit (the “Property”). The Commission denied Comstock’s application under G.L.c. 131, §40 (the Massachusetts Wetlands Protection Act (the “State Wetlands Act”)) in the interests of protection of land…