Legal Opinion
Parkview Electronics Trust, LLC v. Conservation Commission of Winchester
Massachusetts Appeals Court
Decided January 12, 2016No. AC 13-P-276PublishedCited by 1 opinion
1Opinion of the CourtAgnes, J.
The Wetlands Protection Act, G. L. c. 131, § 40 (act), sets forth “minimum wetlands protection standards, and local communities are free to impose more stringent requirements.” Oyster Creek Preservation, Inc. v. Conservation Commn. of Harwich, 449 Mass. 859, 866 (2007). As we noted in Fafard v. Conservation Commn. of Reading, 41 Mass. App. Ct. 565, 568 (1996), it is not uncommon for a town, under its local by-law, to establish wetland protection standards that are more demanding than those under State law. In such a case, when a local commission concludes that a project meets the requirements…
2Cases cited13 opinions
- Maynard v. CartwrightSupreme Court of the United States · 1988
- Lovequist v. Conservation Commission of DennisMassachusetts Supreme Judicial Court · 1979
- Fafard v. Conservation Commission of ReadingMassachusetts Appeals Court · 1996
- Alvin Love v. Norman ButlerCourt of Appeals for the First Circuit · 1991
- Commonwealth v. JasminMassachusetts Supreme Judicial Court · 1986
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3Cited by1 opinion
- CITY OF BOSTON v. QUINCY CONSERVATION COMMISSION & OthersMassachusetts Superior Court · 2020