Regan v. Falmouth Conservation Commission

Quinlan, Regina L., J.

Plaintiffs Thomas Regan and Donna Friedman (“Plaintiffs”) brought this action pursuant to G.L.c. 249, §4, challenging a decision by the Falmouth Conservation Commission (“Commission”) to deny a permit and variance to construct and maintain a pier, ramp, and floating dock. Here, Plaintiffs move for judgment on the pleadings, pursuant to Mass.R.Civ.P. 12(c). The Commission also moves for judgment on the pleadings, asking the court to uphold its decision. This court heard oral argument on July 24, 2008 and took the matter under advisement.

For the following reasons,…