Legal Opinion

Gargano v. Barnstable Conservation Commission

Massachusetts Superior Court

Decided July 14, 2008No. 033141Published

1Opinion of the Court

Fremont-Smith, Thayer, J.

This case is an appeal from an enforcement order of the Barnstable Conservation Commission wherein the Commission reaffirmed previous enforcement orders. Plaintiff Paul A. Gargano’s alleged prohibited activities have been the source of constant litigation since 1998.1 The Commission has counterclaimed, seeking enforcement of its prior orders, including its orders for removal of a miniature golf course consisting of putting greens installed without Gargano’s filing of a prior notice of intent or approval by the Commission. The Commission also contends that Gargano has…

2Cases cited5 opinions

  1. Hotchkiss v. State Racing CommissionMassachusetts Appeals Court · 1998
  2. Conservation Commission v. PachecoMassachusetts Appeals Court · 2000
  3. DeGrace v. Conservation Commission of HarwichMassachusetts Appeals Court · 1991
  4. Hobbs Brook Farm Property Co. v. Conservation CommissionMassachusetts Appeals Court · 2005
  5. Town of Bourne v. AustinMassachusetts Appeals Court · 1985

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