Franchi v. Falmouth Conservation Commission

Nickerson, Gary A., J.

Plaintiffs David and Teresa Franchi filed this action in response to the Falmouth Conservation Commission’s issuance of an Order of Conditions for the construction of a replacement dock on their property. They seek certiorari review and declaratory relief from the Falmouth Conservation Commission’s decision to impose certain conditions on the construction of the dock. Plaintiffs’ motion for judgment on the pleadings was heard April 26, 2007.

BACKGROUND

The plaintiffs own residential property at 48 Deer Run Lane, North Falmouth, Massachusetts (“the Property”). On or about…