Regan v. Conservation Commission

Had the plaintiffs not sought further review from the town’s conservation commission (commission), the Department of Environmental Protection’s (DEP) superseding order of conditions clearly would apply. The plaintiffs, however, chose not to pursue their right to enforce the DEP’s superseding order. In voluntarily returning to the commission and continuing before it even after notice of the DEP’s superseding order, the plaintiffs chose to ignore the tardiness of the commission’s first decision and their right to enforce the DEP’s superseding order. They opted, instead, to reinvoke the…