Commercial Wharf East Condominium Ass'n v. Boston Conservation Commission

INTRODUCTION

Plaintiff Commercial Wharf East Condominium Association (“Commercial Wharf’) brings this action seeking a declaration that two particular Orders of Conditions imposed by defendant Boston Conservation Commission (“the Commission”) are unenforce*694able because they exceed the authority of the Commission and has moved for summary judgment. The Commission seeks dismissal of the complaint pursuant to Mass.R.Civ.P. 12(b)(1), contending that Commercial Wharfs failure to exhaust administrative remedies bars it from bringing an action in this Court.

STATEMENT OF RELEVANT FACTS

Although the…