Legal Opinion

Pollard v. Conservation Commission

Massachusetts Appeals Court

Decided December 17, 2008No. 06-P-1134PublishedCited by 3 opinions

1Opinion of the CourtPerretta, J.

Acting pursuant to the town of Norfolk’s (town) wetlands protection bylaw and associated regulations, the town’s conservation commission (commission) denied the plaintiffs’ application to build a three-bedroom, single-family house with a private well and subsurface septic system on an undeveloped lot of land. The reason for the denial was that the commission had *341concluded, on essentially uncontested evidence, that the plaintiffs had failed to demonstrate that the work proposed to be done within the zero- to fifty-foot (fifty-foot) and fifty- to 100-foot (100-foot) wetland buffer zones would…

2Cases cited20 opinions

  1. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  2. New Boston Garden Corp. v. Board of AssessorsMassachusetts Supreme Judicial Court · 1981
  3. Boston Edison Co. v. Boston Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1977
  4. Yerardi's Moody Street Restaurant & Lounge, Inc. v. Board of SelectmenMassachusetts Appeals Court · 1985
  5. Murray v. Second District Court of Eastern MiddlesexMassachusetts Supreme Judicial Court · 1983

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3Cited by3 opinions

  1. Doe v. Sex Offender Registry BoardMassachusetts Appeals Court · 2012
  2. Cave Corp. v. Conservation Commission of AttleboroMassachusetts Appeals Court · 2017
  3. Stone-Ashe v. Department of Environmental ProtectionMassachusetts Appeals Court · 2014

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