Legal Opinion

Conroy v. Conservation Commission

Massachusetts Appeals Court

Decided January 20, 2009No. 07-P-920PublishedCited by 2 opinions

1Opinion of the CourtRubin, J.

This case arises from the denial of a permit to Katherine Conroy (plaintiff) by the defendant conservation commission (commission) of the town of Lexington (town) under the town’s general by-law for wetland protection (by-law) and the rules adopted thereunder by the commission (rules).

I

The plaintiff sought to construct a single-family house on a *55317,700 square foot undeveloped lot in Lexington. The lot is bisected by a stream which the Department of Environmental Protection (DEP) has classified as an intermittent stream, and a protected resource under the Wetlands Protection Act, G. L. c. 131, §…

2Cases cited11 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  3. Carney v. City of SpringfieldMassachusetts Supreme Judicial Court · 1988
  4. O'Connell v. ShalalaCourt of Appeals for the First Circuit · 1996
  5. Forsyth School for Dental Hygienists v. Board of Registration in DentistryMassachusetts Supreme Judicial Court · 1989

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3Cited by2 opinions

  1. Doe v. Sex Offender Registry BoardMassachusetts Appeals Court · 2012
  2. Hoffman v. Board of Zoning AppealMassachusetts Appeals Court · 2009

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