Legal Opinion

Jms Holdings, LLC v. Conservation Commission of Barnstable

Massachusetts Appeals Court

Decided July 14, 2025No. 24-P-673Published

1Opinion of the Court

APPEALS COURT

JMS HOLDINGS, LLC vs. CONSERVATION COMMISSION OF BARNSTABLE

Docket:

24-P-673

Dates:

March 10, 2025 – July 14, 2025

Present:

Henry, Shin, & Brennan, JJ.

County:

Barnstable

Keywords:

Municipal Corporations, Conservation commission, By-laws and ordinances. Wetlands Protection Act. Administrative Law, Agency's interpretation of regulation. Practice, Civil, Judgment on the pleadings.

Civil action commenced in the Superior Court Department on June 28, 2023.

The case was heard by Thomas J. Perrino, J., on motions for judgment on the pleadings.

Brian J. Wall (Clodagh M. Lane also present) for the…

2Cases cited6 opinions

  1. Fafard v. Conservation Commission of ReadingMassachusetts Appeals Court · 1996
  2. Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 2009
  3. Lapenas v. Zoning Board of Appeals of BrocktonMassachusetts Supreme Judicial Court · 1967
  4. Carey v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 2018
  5. Hobbs Brook Farm Property Co. v. Conservation CommissionMassachusetts Appeals Court · 2005

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