FIC Homes of Blackstone, Inc. v. Conservation Commission

Acting under Blackstone’s wetlands by-law (1991), that town’s conservation commission denied to the plaintiffs an order of conditions for construction of a house and driveway on a lot that bordered on and included a vegetated wetland. The proposed construction would violate a by-law prohibition against building within 100 feet of a wetland, and would, the commission concluded, have an adverse impact on interests protected by the by-law, including ground water supply, storm damage prevention, prevention of pollution, and protection of wildlife habitat. The plaintiffs appealed from the denial…